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HomeMy WebLinkAbout08/27/2001 Council MinutesCOUNCIL MINUTES AUGUST 27, 2001 CITY OF LINO LAKES MINUTES DATE : August 27, 2001 TIME STARTED : 6:30 P.M. TIME ENDED : 11:05 P.M. MEMBERS PRESENT : Dahl, Carlson, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; City Attorney, Bill Hawkins; City Engineer, John Powell; City Planner, Jeff Smyser; Community Development Director, Michael Grochala; Economic Development Director, Brian Wessel (part); Finance Director, Al Rolek; and Chief of Police, Dave Pecchia (part) SETTING THE AGENDA Item 7B, Resolution No. 01— 86, Receive Feasibility Report a t 1 aring, Lino Lakes Marketplace, was moved up to Item 2A. The agenda was approved as amended. CONSENT AGENDA Council Member Dahl moved to 0 ent Agenda, as presented. Council Member Carlson seconded the motion arri _ unanimously. ITEM DISBURSEMENTS: August 27, 2001 (Check No. 62714 — 62832, $400,590.55) Centennial Fire District Block Party Application for Red Hawk Trail Block Party Application for South Glen Circle Special Events Permit, 3.2 Beer License, Cabaret License for Sandburr Days 1 ACTION Approved Approved Approved Approved Approved COUNCIL MINUTES AUGUST 27, 2001 OPEN MIKE Mr. Michael Prieve, 1047 Aspen Lane, came forward and stated he was present two (2) weeks ago and is requesting clarification on an issue. He inquired about the legality of the resubmission of the application for Heritage Development. He indicated he has brought a written request for a legal finding regarding this matter. He stated it appears this plan is continuing because it is going to be considered at the next Planning and Zoning Board meeting. He stated he thought there was an ordinance that stated an application could not be considered again for one year after it has been denied. City Planner Smyser advised there is no restriction on resubmitting a plat. There is a restriction relating to rezoning or a conditional use permit. The restriction does not apply to plats. Council Member Carlson noted the resubmitted application would not require a rezone or MUSA. The Environmental Board will review the plan Wednesday night. No one else was present for open mike. FINANCE DEPARTMENT REPORT, AL ROLEK Consider Resolution No. 01-119, Receive Feasibilit a o t an et Public Hearing, Lino Lakes Marketplace (3/5 Vote Required), John + — ngineer Powell advised at the May 14,2001, City Council meeting, a study was ord ` d to aluate the construction of public improvements to serve the proposed Tar : - 1 . ' ite. This retail development site is also known as the Lino Lakes Marketplaceon ° as limited to request improvements in the vicinity of Apollo Drive/Lake Dri At the August 13, 2001, C. would also include a txffic si median construction. ting, an expanded report was ordered. The expanded report at a second access; turn lanes; bypass lanes; roadway widening; and Staff is requesting that Ociuncil receive the report and call a hearing on the improvement. The hearing is scheduled for September 24, 2001, at which time a detailed review of the feasibility report will be presented. In accordance with Minnesota State Statues 429, the feasibility report is to be received by Council and a public hearing scheduled. City Engineer Powell noted residents should leave their name and address if they would like a copy of the report. He added this is strictly a Chapter 429 project. Council Member Carlson clarified that by receiving the report, the Council is not making any recommendations or approvals. 2 • • COUNCIL MINUTES AUGUST 27, 2001 Council Member O'Donnell moved to adopt Resolution No. 01— 86, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 01— 86 can be found in the City Clerk's office. Continuation of Public Hearing on Granting a Tax Abatement and Granting a Business Subsidy; Resolution No. 01-106, Approving a Tax Abatement and Business Subsidy Agreement with Target and Kohl's (Lino Lakes Marketplace Request for Tax Abatement (3/5 Vote Required); Consider Resolution No. 01-127, Approving a Business Subsidy to Target and Kohl's, Al Rolek — Finance Director Rolek advised a public hearing was opened on July 23 and has been continued regarding the request for tax abatement for the Marketplace project on 35W/Lake Drive. According to the Minnesota Business Subsidy law, a public hearing must also be held before granting a subsidy that exceeds $100,000. This public hearing is to take public comment on these issues. The Marketplace, which includes a Target Superstore, a Kohl's Department Store and additional smaller retail and restaurant space, is estimated to be a $24 million project s . t will generate substantial commercial tax base and provide needed services for Lino w. 'dents. The project developers have requested financial assistance to . '' yet . d �hl's portion of the project. The proposal before the City Council is as follow 1. A $491,000 net present value tax a provides a pay-as-you-go subsidy additional taxes generated paid, with 7% interest, u years, whichever c 2. The project' 3. Fifty pe waived 4. get and Kohl's. Tax abatement sing to the project the City portion of the opment. This financial assistance will be ou°" is paid in full, or for a maximum of six (6) rface water management fee will be waived. for an amount of $74,312, of the SAC/WAC area charge will be The City will have the ability to recover the waived fees with tax abatement dollars. The City has established criteria to evaluate the granting of a business subsidy. In addition to increasing the tax base, a project receiving a subsidy should promote one or more of the following: 1. Compliance with Comprehensive or Other Plans. 2. Development of Marginal Property. 3. Upgraded Design and/or Other Amenities. 4. Utilization of Existing Infrastructure Investment. 5. Direct Monetary Return on Public Investment 6. Leveraged Funds. 7. Spin Off Development. 8. Growth Potential COUNCIL MINUTES AUGUST 27, 2001 9. Community Services 10. Non -competition with existing services Finance Director Rolek advised that due to financial information in the feasibility report, staff is recommending the Council continue the public hearing to the September 10, 2001, City Council meeting. Council Member Carlson stated there are residents present who may wish to speak to this issue. Mayor Bergeson stated the staff recommendation is to continue the public hearing. Comments can be taken but residents need to understand the final subsidy request figures may change from what was printed in the agenda and newspaper. Mayor Bergeson opened the public hearing at 6:55 p.m. Ms. Rochelle Miller, 7725 Maryland Drive, stated she has contacted several City Administrators in local cities. All of them indicated they told Ryan Companies no when the equested a subsidy. The City of Lakeville said they gave them no financial assistance, rather th ived a subsidy from Target. This is what has to happen here. If the City can not benef -the h. to say no. Target will not go away because this location is a prime piece of pro se Mr. Fred Tacheny, 955 Lois Lane, stated many are oppo type of development the people in Lino Lakes w millionaires. This is not the type development t is look at Brooklyn Park, Maple Grove an this is approved. lopment because it is not the dents do not want to give money to e Comprehensive Plan. All you have to do o see what will happen to the community if • Ms. Ina Liljedahl, 726 Vicky : d th- ouncil to please stand up for who they are and who the City is. Just say no as othe a any arget still came to their community. There are other businesses that are int: ested. . e rea'' information regarding what happened in Minneapolis when a subsidy was given to ' a ' o fes. She stated Lino Lakes does not want to be another Minneapolis. The City "o r + do what is best for the community. The City is the one that has the power, not Target. Mr. Jeff Rutz, 6996 Second Avenue, stated Target and Ryan Companies should be commended because of their success. However, everyone has to work on a budget. The proposal is trying to make it look like it is not a lot of money and it is a lot of money. We have to ask if it is being spent in the right way. He stated he moved here three (3) years ago for the lakes and green space. The City should spend money on things that will benefit the City like the YMCA. Target would be great here, but they should have to spend the money. The City has to help the community first. Mr. Tom Smith, 874 Oak Lane, stated the road improvement hearing is on September 24th, but a vote on the abatement is on September 10th. He stated that should not be done. He asked if the City is setting a precedence and if other businesses would have the right to financial help if the abatement is approved. 4 COUNCIL MINUTES AUGUST 27, 2001 Finance Director Rolek stated the figures from the road need to be evaluated to see if there will be any changes in the numbers. A precedence would not be set if the abatement is approved. Each request would be evaluated on its own merit. The City Attorney added there is an abatement policy and the City can pick and choose who will received a subsidy. Ms. Kathryn Nelson, 7785 Carol Drive stated she has already expressed her concerns in writing. She indicated she is opposed to the project. Residents can always shop at Target, they just have to drive a bit. She stated she does not want the problems the project will bring or to pay them to come. She stated there is no free enterprise if they are paid to develop here. The services within the City will have to increase because of the project. She stated the Council has to make certain the City and citizens don't have to pay and do the right thing by denying this project. Ms. Nancie Klebba, 873 Oak Lane, stated community members were organized several years back for a 20/20 Vision Plan and this project was not a part of that vision. She quot • from the 20/20 Vision Plan that indicates the project goes against the Vision Plan. She read goals and plans that were set forth by the City and Council on April 2, 2000. She state r ' seat the Council is not listening to the voices in the community and why people choo h e eople did not move here for shopping centers and the plan is not environment. l rie a noted what she envisioned for the City when she moved here noting th' ®'e t is ` a part of that. The Council is not listening if the project is approved. She askedg <, g e + cil is not listening to the plan that was set forth six (6) years ago. Ms. Amy Donlin came forward and rea•''a seri regarding what Lino Lakes residents have dreamed of for the community th. `` +e e aspects. To pave over that would be a shame. She read her statement from ., aring n January 9, 1997 noting it is appropriate for tonight. She commented on the citi ~ e 20 Vision Plan, property tax increases, the Village and Town Center, noting t prob r s the project would cause. She gave the background of the reasons why the citizen survey . E 0/ ision Plan were done. She also quoted from the plan noting this meeting has violated th ° . g ment that was laid out in the plan. There is no support in those documents for the "big +x" type development. She stated she is on the Environmental Board and from the beginning the developer indicated there would be no financial request and there was no neighborhood opposition. She indicated she feels mislead by the developer and stated it will affect her taxes. She requested information on tax increases relating to the entire project. She stated the whole vision project is in jeopardy. She proposed that the Council not make an irreversible decision tonight and to let the citizens vote on this plan. Ms. Kelly Gunderson, 135 Ulmer Drive, referred to an article from City Business dated June 29, 2001, regarding business subsidies. She stated she is a resident of 18 months and has worked very hard to afford her home here. She indicated she is concerned about the amount of time and amount of the abatement. She stated it will drive people out of the City if anything goes wrong because they will not be able to afford their home. She referred to the City of Chanhassen and what went wrong there when TIF was used for a project. She stated that TIF is used for areas that need help in developing and she believes there are other companies that will come to the City. The market should decide and 5 COUNCIL MINUTES AUGUST 27, 2001 the City should let Target go. The City won't have money for additional services that will be needed if the plan is approved. The tax plan will be risky to the employees that work at the retail outlets. If the taxes are raised they will not be able to afford to live here. It will be very hard to say no to other businesses if the City says yes to this one. The City should welcome businesses and growth at their expense. She stated she is glad there will be another meeting. She asked that the Council deny the tax abatement because it will end up costing the City and residents. Mr. John Johnson, 261 Elm Street, stated the property is currently bringing in some taxes. With the abatement those taxes will be lost. He asked that the Council think about this some more and if an abatement is given, it should be much less. Mr. Don Dunn, 6885 Black Duck Drive, stated he is definitely for this project because it will be good for the City and citizens. The Comprehensive Plan recognizes the land as shopping center. The property now only generates $21,000 in taxes. The land is vacant and does not generate revenue to support City services and amenities such as parks. The City can't afford not to do this. If the development does not come, what will there be to abate? Maybe the citize are confused because this is not going after the taxpayer's money. It is simply deferring mo "° th ty would not have without the development. The retailer does have a lot of money b o f y 1 not come here without the City participation. He asked if any development w • a c 4 :le on that property. Lake Drive is commercial and the buyers in that area kne t w't. ar will develop. People have a right to live somewhere and Lino Lakes is not an isl. an b parated. He stated he wished the numbers for the road were available this even _.. e l . gures were $1.3 million with the County having the majority of it and apparently t Co has lowered that. This decision should not be based on emotion but facts. The C. o a' ept that staff has done what they can. He stated he does not see Lino Lakes invest's because the City does not have the money to invest. Maybe a seminar shoul , � - d t figures. It takes money to run a City and commercial development is n -, indi & . ted he does not see any reason not to approve this. The City needs revenue and thi ea her opportunities. Tax structure is needed and there are ways to get it. It is se . mon- d is not very much compared to what it will bring into the City. Revenues need to be o - d t: • e able to better protect the environment. The Council needs to separate emotion from t. lot of our children will work there and invest that into their future. It will do a lot of good for;=the community. Those who do not like it can become elected officials themselves. The City needs this and it should be approved. Mr. Steve Baker, 7747 Carol Drive, stated he lives near the project and will be directly affected. He expressed concern about losing the ambiance of the county. He stated if he wanted to live in Shoreview he would have moved there. The developers are taking advantage of the City. Ms. Cindy Cook, 7748 Carol Drive, stated she moved here six (6) years ago and she believes people will leave the City if this project goes in. She stated she has a lot of wildlife in her backyard and does not want to lose that. If Target wants to come here they should pay. Mr. Mark Stone, 890 Oak Lane, stated the original plat showed a flat section and wetlands. It looks as though now the wetland has been taken out. There has been a lot of miscommunication. He COUNCIL MINUTES AUGUST 27, 2001 indicated he spoke to about 50 residents today who thought the project was done. All of those residents indicated they are against this project. Mr. Jim Ellwanger, 1007 Oak Lane, stated he is confused as to why the City needs another shopping center because there is one 3-4 miles away. He indicated he can not believe there have not been any other offers for this land. A Super Target is non-union and the City of Roseville is the only place Target got this much money. He asked why the City would want a business here that pays substandard wages. Low-income wages do not make sense. Traffic and road costs are a big issue. A major insurance company would be a good business in the City. Another shopping center is not needed. Something is needed but not a Target. A resident at 963 Oak Lane stated she moved here two (2) years ago for the rural aspect of the area. She stated she wants her children to have quiet and wildlife. The noise is a big concern and she does not want this project in her backyard. Everyone here this evening is against the project. Something much smaller should be put in there. She stated the Council should listen to the residents. Mr. Mel Liljedahl, 726 Vicky Lane, stated he does not have a problem that he can't even get sewer. The City is giving away the farm wit young people and seniors that will work at this store. The Co resign this evening. et but is frustrated wages. It is not just at said that should Ms. Kathy Hansmann stated citizens are trying to . i" - Co 1 how they feel. The City staff has worked very hard to get their best deal. She revi ed t s etails of the abatement figures and stated other things need to be considered such as e s fr� the project. Access is an issue that has not been fully addressed. The second a ' a• :ea and a big problem. Ryan Companies indicated they have to have the se = g c " •u ere are many large retailers that do not have two (2) accesses to a major thorouian on Lake Drive is going to cause huge problems to the residents on 77th Street. is' 9a� a big issue. Compromises can be made on the access issue. This is an emotional i ue an•. is i 1 tell you there will be other offers. There will be eight (8) years of no taxes and t g -de£.. is a problem also. This is the last undeveloped intersection in the metropolitan area. The <`e`. a diamond in the rough. The City needs development that will fit into the community, not havflthe community fit into the development. The Council needs to look at what the community needs and what this decision will do to the community, residents and other business owners. Now is the time for the City to act. The developer needs to be understanding about the problems that the site has. Successful communities and businesses need to have the courage to understand everyone's needs and to say no. The Council needs to say no to this project. The developer needs to figure out how to be a good neighbor. The City needs to have faith that others will come. The developer,s needs don't meet the needs of the community's and they need to change the plans to fit the community's. The Council should say no and send them back to the drawing table. The Council needs to ask if this is premature and make a good decision. Ms. Joan Ahrens, Real Estate Manager for Target, came forward and stated she handles new store developement. She indicated she will be happy to answer any questions about other subsidies for Target. Target wants to come to this community and city staff has done a great job. Target wants to be a partner with the City. She stated Target has a long history of community involvement noting the 7 COUNCIL MINUTES AUGUST 27, 2001 programs Target is involved in. She stated that they do not have tax abatement in Lakeville and an $800,000 payment was made from the developer. That project was much larger and the payment was for roadway improvements in the area. The City is contributing a couple of million dollars to the road project. It is typical for Target to get a subsidy for infrastructure costs because the improvements benefit the whole community. Council Member Carlson commented on the Comprehensive Plan and the site being zoned commercial. She stated it was commercial in the draft plan and staff recommended it be changed to mixed use that includes housing. She stated she was told there would be no subsidy. She referred to the minutes of a past Council work session regarding that issue. She stated a letter regarding financial assistance was received three (3) weeks after that meeting. The City possibly should have looked at other developers at that point. She stated she is concerned about the length of time of the abatement. She distributed and reviewed an information sheet regarding the Proposed Tax Levy Lino Lakes Homes/Target and Kohl's. She noted she has to look at the whole picture. She stated her concern is that if the City does not follow the Comprehensive Plan and keeps building ahead, taxes will never go down. She stated she does want Target/Kohl's but the number of years for a abatement has to be reduced. Council Member Carlson moved to continue the Public Heari Granting a Business Subsidy to the September 10, 2001, O'Donnell seconded the motion. Motion carried unani ADMINISTRATION DEPARTMENT REPORT, D° r. TESCH Consideration of Simulations of Settl Drive, Bill Hawkins — The City and authorized the Public Se and a settlement has been been signed. The sett ents as f ax Abatement and ng. Council Member ring to Public Trail at the end of Black Duck the Council voted to extend the trail at Black Duck ctor negotiate. A friendly eminent domain process began three (3) property owners. Two (2) of the agreements have lows: Reshanau Hom c s Association - $20,000 plus easements Mr. and Mrs. Ko - $10,000 Mr. and Mrs. Schut - $6707.84 The City Attorney noted the amounts are subject to off -set for real estate taxes. The property owners did give the City immediate access to the property and construction will begin this fall. He requested Council authorization to enter into the settlement agreements and make the payments. Mr. Robert Bening, 6780 East Shadow Lake Drive, came forward and asked if the trail will have the same regulations as other City trails pertaining to such issues as motorized traffic. Mayor Bergeson advised he believes the trail will be the same as all other City trails. The City Attorney advised there is no allowable motorized traffic. The Homeowner's association has access along with one other property owner relating to motorized traffic. • COUNCIL MINUTES AUGUST 27, 2001 Council Member Reinert moved to authorize the City to enter into the settlement agreements and make the payments, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA There was no Public Safety Department report. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER There was no Public Service Department report. COMMUNITY DEVELOPMENT DEPARTMENT REPORT [Amendment to August 27, 2001 Meeting Minutes: Stfiketlifeugh t rendered moot by the subsequent acknowledgement of the newly M.S.A. § 462.357. Underlined text reflects language which w to the minutes for the purposes of clarifying the legal disp been preserved as a record of the actual discussion whi represents the official record of the disposition of Although the minutes are a true and accur August 27, 2001, the discussion which supermajority (4/5) vote was nee effective in August of 2001, subsequent Council work further explain this ac occurred as a default s language which was plicable provisions of er Council amendment m. The original text has he underlined language ty Ordinance No. 16-01. n of the discussion that took place on premised on the erroneous conclusion that a ecause of legislative changes which became ote was actually needed. The minutes of the tember 5, 2001 and Council meeting on September 10, 2001 the egislative change was identified, the passage of this item was not formally reconsidered. SECOND READING, Ordinance No. 16 — 01, Amending the Zoning Ordinance by Rezoning Certain Real Estate from SC, Shopping Center, to PDO, Planned Development Overlay (4/5 (3/5 Vote Required) Michael Grochala — Community Development Director Grochala advised the City Council approved the first reading of Ordinance 16 — 01 on August 13, 2001. The developer has revised the development plans to incorporate changes required as part of the preliminary plat/development plan approval. The revised plans have been included in Ordinance 16 — 01. Additionally, the site plan was revised to replace the two(2)proposed fast food restaurants with one larger restaurant pad. As stated in the proposed ordinance, the convenience store, restaurant and bank sites will be subject to the site plan approval process requiring additional staff review, Planning and Zoning Board review and City Council approval. 9 COUNCIL MINUTES AUGUST 27, 2001 The ordinance text was modified to reflect the site plan changes and lot reconfiguration. Other specific changes include: Section 2.D(1) was amended as follows: 1. Refrigeration units on delivery vehicles shall not operate between the hours of 10:00 p.m. and 7:00 a.m. Operation of delivery vehicles shall be limited to the same hours. Section 2.D(6) was added as follows: 5. Commencement of development on the subject property (Exhibit A), in conformance with the plans attached hereto, shall be subject to the execution of a Development Agreement by and between the City of Lino Lakes and the owner and subdivider of said property. Community Development Director Grochala added that staff did get a verb Tech panel is satisfied and a permit will be issued when additional inf concerns were raised at the Council work session regarding the co He stated he passed out a memo earlier this evening regarding information and staff comments relating to density, mini coverage regulations, traffic circulation and public sery Council Member Carlson stated there were 23 is asked how many of those issues still need Grochala advised only the engineerin comment indicating the s received. He stated he PDO and criteria. viewed the eight, setback and lot the Rice Creek Watershed District. She Community Development Director Council Member Carlson ask is a ' eting with JADT on September 5, 2001. Economic Development Director We ed oposal will be brought to the Council on September 5, 2001. Council Member Carl . that the City does not have a contract with JADT at this point. Council Member O'Donnell stated there has been a lot of input this evening. Someone said that it takes a lot of courage to say no but it will take a lot more courage to say yes to the project. He stated he has been supportive of this project from the beginning. A decision needs to be made so the PDO can move forward. He indicated his decision will heavily weigh on the final abatement figures. He stated his concern with the plat is the access at 77th Street. He asked if there is anything that can be done to eliminate the right in/right out access for citizens. Community Development Director Grochala stated there are long-term options for 77th Street that are not available at this time. On the east side the only alternative is to extend the driveway to 77th Street. That will cause some problems but staff believes they can be resolved. On the west side the closest street is 79th and there are no other options. The right in/right out is the only option at this time. 10 • COUNCIL MINUTES AUGUST 27, 2001 Council Member Reinert stated to access of the property is troublesome. The median is the biggest problem. A citizen recommended that the proposed second access become the right in/right out and have a light at 77th Street. Mr. Dick Brooks, Ryan Companies, came forward and stated they have had many, many meetings with staff to get to this point. The two (2) major issues from the beginning were the need for financial assistance and the second access. The County moved the second access, which is acceptable to both the users. The access is needed where it is and it has to be full access. Mayor Bergeson stated the recommendation from staff is to approve the second reading. Council Member Reinert moved to approve the SECOND READING of Ordinance No. 16 — 01, as presented. Council Member O'Donnell seconded the motion. Mr. Brooks stated the developer does deserve a vote tonight to know where we are. This project has been worked on for over a year. There is a good landscaping plan and it in • Ives the two (2) top retailers in the country. If the PDO is not approved the project will be w d the costs will continue to go up. Council Member Carlson stated it concerns her that we don' o gi lie we are and if things will be added on later. She stated she had concerns two (2) wee _ :; and ted this item tabled. There are still unresolved issues and no development a t. ndicated a vote should not be taken now and she will abstain because she does want a- pro t. A contract with JADT and a development agreement are needed. She s al concerned about the Rice Creek Watershed .y, �, • w eco ended no formal application issues. The Planning and Zoni will be in effect until the permits are received fro D. e • ad situation does not match the transportation plan. The Comprehensive P1. i' • . e ar ` '. as mixed use. The subsidy proposal will change again. She stated she does _ ho e City can give funding to 40 acres that is adjacent to the JADT property. She . • ded s ishe the road issue was the only issue and indicated she does not have enough informati + ..p_ e the project now. Mayor Bergeson stated is in favor of the motion. The motion is for the preliminary plat, not the subsidy. The plat describes where the businesses will be placed. He stated he believes it is a good project and is not taking money out of the taxpayer's pockets. The plan will put money into the taxpayer's pockets. All the other businesses that go in because of the Target/Kohl's project will pay taxes immediately. Those businesses will not go in without Target there, just like the JADT property. He stated it is an ideal project for the City of Lino Lakes with the best possible retailers. Some residents don't want anything there and that is understandable. Delaying the project will put it in jeopardy. Every Council Member voted in favor of the first reading. He stated it is odd that Council Member Carlson says she is in favor of the project but lists ten reasons not to vote in favor of it. This motion is not the subsidy approval, only the design of the plan. It is time to vote. This approval does not commit the City to a subsidy. The PDO should be approved. 11 COUNCIL MINUTES AUGUST 27, 2001 Council Member O'Donnell asked if all options for 77th Street will be closed if the PDO is approved. Community Development Director Grochala stated the only option for 77th Street is the driveway. Staff can continue to look at options but the reality is there are no alternatives. Council Member O'Donnell asked if the City has closed the door to any other options if the PDO is approved. Community Development Director Grochala stated the door is always open. However, the improvements will start to go in. Any major changes are difficult after the development agreement is finalized. The development agreement should be finalized at the next meeting. Council Member Carlson stated she is concerned about the roads and the JADT agreement, as well as the subsidy agreement and public improvements. Mayor Bergeson stated he does not believe an agreement with JADT is needed to proceed. The City was ordered by the court to put the road in. Approval of the PDO will not affect that. Council Member Carlson stated her concern is that the plat shows the roads Community Development Director Grochala stated the plat does not include the po n • " ° pollo Drive extending out. The two (2) outlots can not be developed until the property is, 9 1 u eft r through negotiations or eminent domain. • Council Member Carlson stated if included as an outlot- a s the ad going through the outlot. Community Development Director Grochala refe • ; x `- C showing the actual site plan and the property in question. He indicated the intent to se ack the property to Ryan that is not included in the plat. The City wants to melopable so staff required it to be part of the II conceptual site plan. The property can • venoped until Ryan acquires it. Council Member Carlson stat Access at Apollo has to be, correct and has alway }. een owner will work with the interior road has to go through the property. . Community Development Director Grochala stated that is of t e plan. Staff is working to acquire the land and believes the proposal will be presented to the Council on September 5, 2001. Council Member Carls • ` stated the previous Council did proceed with eminent domain. She stated they are looking at a map showing two (2) sections of road that the City does not own. Council Member Reinert stated the approval is contingent upon the sale of the two (2) properties. Community Development Director Grochala added that will be executed in the development agreement. Final plat approval will still be needed. Council Member Reinert asked what would happen if Ryan does not acquire that piece of property. Economic Development Director Wessel advised the right-of-way will be dedicated to the City. The City will purchase the property, which was ordered by the court. The City Attorney reviewed the background of the property in question. He stated the City will acquire the two (2) parcels. 12 • COUNCIL MINUTES AUGUST 27, 2001 Mayor Bergeson stated the road will go in. The City will own the severed parcel. There is an informal agreement to sell it to Ryan Companies. He indicated he believes that sale will happen and this is not an issue. Council Member Dahl questioned the reason the right-of-way needs to be dedicated. Community Development Director Grochala stated when property is developed, typically the right-of-way is dedicated. The City would still need to purchase some of it. Council Member Dahl stated she has wanted Target for a long time but she has always asked about the subsidy. She indicated she realizes a lot of time has been put into this project. But it is a major project and it needs to be done right. She stated she believes this is a package deal and every motion is contingent upon another. She indicated that in order to vote for this, she has to have all the parts and she does not have that now. She stated she had asked that the residents and business owners on 77th Street be involved in finding a solution. She stated that if she votes yes she is not listening and she can't do that. Everyone needs to give a little to get this done. The road ituation on 77th Street is still up in the air. The Council just received the feasibility study toni: n + ded she wants this to happen but there are still issues that have to be worked out. Mayor Bergeson stated he does not understand the comme t bo' or, ng it out. The City and develper have been working things out for months. Ev • cil } : " ber voted yes at the last meeting and nothing has changed except to tighte . �° ® up. ch individual is either for the project or against it and should say that. He stated this i ou ding project and he believes the majority of residents are in favor of it. There are r ,.' . ` is $ o . R on the edge of the area that are against it. The City is on the brink of losing this will sit there for many years. The City has not had a proposal for that land fo t s. It is time to move forward and support the plan. Council Member Dahl ref ``° he cle in City Business and quoted from it regarding this project noting she did not reaw. the . - in it entirety. She stated that just because she wants the project to go back does not me . fo: . r against it. She stated she thinks everything is connected and 77th Street needs to be wor Council Member Dahl abstained. Mayor Bergeson voted yea. Council Member Carlson abstained. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Motion failed. passed. opinions regarding their vote. Each Council Member did express their Council Member Carlson stated the traffic and public improvements are an issue. So, is the amount the City has to pay for the property and there is no written agreement with Ryan to purchase it. The COUNCIL MINUTES AUGUST 27, 2001 transportation plan and the fact that this does not fit with the County plan. Approving this does not follow the Planning and Zoning recommendation regarding the Rice Creek Watershed District. Community Development Director Grochala stated staff was anticipating final plat approval in October and the permits would have been issued by then. Council Member Carlson stated she did vote yes two (2) weeks ago with the intent that these issues would have been resolved. Mayor Bergeson stated the items listed by Council Member Carlson don't make any difference. He stated he believes Council Member Carlson just lost the Target project. The City will be required to buy a severed parcel with no agreement and all of the taxpayers will have to pay for that. McDonalds may be built but it is likely that the other businesses won't. City taxpayers will be paying for a useless parcel. Council Member Carlson stated that is not because of Target. Mayor Bergeson stated the City had an agreement with Ryan to bu e d he believes they would have honored that. eaRT [Amendment to August 27, 2001 Meeti � r � -�,� - . - : -text reflects language which was Ill rendered moot by the subsequent ac + o the newly adopted and applicable provisions of M.S.A. § 462.357. Underlined to a,. is age which was inserted by later Council amendment to the minutes for the purpos - >c ying t e legal disposition of this item. The original text has been preserved as a recordscussion which took place. The underlined language represents the official word . a e disposition of Lino Lakes City Ordinance No. 16-01. Although the minutes • ' a X'"' e and accurate representation of the discussion that took place on August 27, 2001, the discussion which took place was premised on the erroneous conclusion that a supermajority (4/5) vote was needed on this item. Because of legislative changes which became effective in August of 2001, a majority (3/5) vote was actually needed. The minutes of the subsequent Council work session on September 5, 2001 and Council meeting on September 10, 2001 further explain this action. When the legislative change was identified, the passage of this item occurred as a default and the item was not formally reconsidered. Mayor Bergeson excused himself from the meeting at 9:50 p.m. Consider Resolution No. 01-119, Regarding Volker/Crenshaw Minor Subdivision and Variance (3/5 Vote Required), Jeff Smyser — City Planner Smyser advised Mr. Volker has submitted an application for a minor subdivision to split off the eastern portion of the property at 7080 Sunset Road. The property is owned by the current resident, Jon Crenshaw. Mr. Volker's intent 14 • COUNCIL MINUTES AUGUST 27, 2001 is to create a new single family lot. A variance would be required because the proposed new lot does not comply with the minimum depth of 135 feet. City Planner Smyser presented the staff analysis of the application noting the Planning and Zoning Board considered the application on August 8, 2001. A motion to approve the variance and minor subdivision failed 3-4. A subsequent motion to deny both actions failed for lack of a second. Staff is also recommending denial on the variance based on lack of justification as described in the staff report, and denial of the minor subdivision because the lot doesn't meet the minimum lot depth. Council Member O'Donnell asked if it is possible for the applicant to buy another 10' to make the lot conform. City Planner Smyser stated he did not discuss that option with the applicant. Mr. Joe Volker, 7273 Stage Coach Trail, came forward and gave the history of the property in question. He stated he widened the property to conform with the spirit of the ordinance and he believes this has been done in the past. He stated he is not interested in developing but is doing this as a courtesy. He indicated he plans to put a modest size home on that pro •ma y to maintain the spirit of the ordinance. Council Member Reinert moved to adopt Resolution No. 01 p e d. Council Member Carlson seconded the motion. Council Member O'Donnell stated he likes to see v. est out as much as possible. He indicated his primary reason for denial is the util des c. ng from Blaine. Motion carried unanimously. Resolution No. 01-119 can r the ity Clerk's office. Consider Resolution Smyser, Bob Kermus preliminary plat for the Board reviewed a conce o. 0 20, or 12th and Holly Preliminary Plat (3/5 Vote Required), Jeff Kermus advised the Land Holding Group has submitted a est corner of 12th Avenue and Holly Drive. The Planning and Zoning plan of the plat on January 10, 2001. The Planning and Zoning Board first reviewed the preliminary plat on February 13, 2001 and the item was tabled pending the TWAFAA, tree preservation plan and grading submittals. The additional information was provided and the Planning and Zoning Board reviewed the application on June 13, 2001. The Board recommended that the project be denied because of concerns related to access and safety issues; no neighborhood consistency and driveways located on the cul-de-sac. Mayor Bergeson returned to the meeting at 10:02 p.m. Mr. Kermus presented the staff analysis of the preliminary plat and indicated staff is recommending approval based on conditions. Council Member Carlson stated some of the Planning and Zoning Board Members requested changes to the plat and asked that .it be brought back. She asked why that was not done. 15 COUNCIL MINUTES AUGUST 27, 2001 City Planner Smyser stated the Planning and Zoning Board did recommend denial. However, the applicant does have the right to bring the application to Council. Options were discussed with the developer and he chose to make some changes and present it to the City Council. Council Member Carlson stated the Planning and Zoning Board would have liked to work with the developer to solve some of their issues. Now there is a plat with only one change to it. She stated she is concerned about doing this in the future and overriding the Planning and Zoning Board. City Planner Smyser stated that is the chance the developer takes. The Planning and Zoning Board denied the application outright. The developer has the option to bring it to the Council. Council Member Carlson stated she understood that the developer was given the option to come back to the Planning and Zoning Board. The developer chose not to do that. Mayor Bergeson stated when this was reviewed by the Planning and Zonin d Board, one part did not conform to the ordinance. He asked if that has been corrected. City P n� ' yser advised that was corrected because one lot was changed. Mayor Bergeson stated that even though the Planning and commended denial, the plat as presented complies with the ordinance and zonin dic. r� he is not sure that there is a basis for denial. The Council can request changes Council Member Carlson stated she does .th ' ' is F. legal plat. The Planning and Zoning Board • did raise safety issues. She suggested t 1 ' _ Conditions of approval be added: 1. Trees and/or 1 +. sh . e planted within one year. 2. Gradin be ve d tha it matches the grading plan before certificates of occupancy are issu Acting Mayor Dahl asked if the plat has changed in any way since the Planning and Zoning Board reviewed it. City Planner Smyser stated originally there was a variance for Lot 8 and that has been eliminated. On Lot 2 the driveway was designed to go to Holly Drive and that has been changed. There have been adjustments to the boundaries to meet the lot depth minimum. Mr. Kermus referred to a grading plan noting the changes that have been made to the plat. Acting Mayor Dahl stated there were three (3) accesses on Holly and one on 12th Avenue. Now there are two (2) on Holly and one on 12th Avenue. She stated she thought it was proper to go back to the Planning and Zoning Board since they have not seen the changes. City Planner Smyser reviewed the City policy for applications. He stated the plat has not changed. Minor changes are very typical between review of the Planning and Zoning Board and Council. The project has been revised to meet some of the Planning and Zoning Board concerns. 16 • COUNCIL MINUTES AUGUST 27, 2001 Acting Mayor Dahl read the minutes from the Planning and Zoning Board regarding their denial. Council Member Carlson asked the Council if her two (2) added conditions are acceptable. Mr. Jeff Elliot, developer, asked for clarification on the condition relating to the grading. Council Member Carlson repeated the condition noting it does refer to another project. Mr. Elliot stated it is a fair condition and indicated he is agreeable to both conditions. Council Member O'Donnell moved to adopt Resolution No. 01 - 120, based on the conditions in the staff report and the following additional conditions: 1. Trees and/or landscaping shall be planted within one year. 2. Grading be verified that it matches the grading plan bef• ' = '' cates of occupancy are issued. Mayor Bergeson seconded the motion. Motion carried unan Resolution No. 01 - 120 can be found in the City West Shadow Ponds, SECOND READ 1 "` an No. 13 — 01, Rezoning to R -1X (4/5 Vote Required); SECOND READING, 0 d o. - 01, Allocating 11 acres of MUSA Reserve (4/5 Vote Required), Jeff Smyse •� n myser advised the City Council approved the first readings of Ordinance 13 — 0 "01 o August 13, 2001. This is the second reading. After approval of the second reap° W ill publish the ordinances. The ordinances will become effective 30 days after:. ublic The City Council also .r d the West Shadow Ponds preliminary plat on August 13 with Resolution 01-113. ohe of the conditions of that approval was the initiation of a feasibility study for the reconstruction of 62nd Street and 12th Ave/Holly Drive. Those feasibility studies are to be presented by the City Engineer on tonight's agenda. Council Member Carlson stated many residents on 62nd Street were at the Council work session and indicated they are very concerned about funding for the City utilities due to the size of their lots. She stated it is very important for the City to explore all funding options to assist those residents. Council Member Reinert moved to approve SECOND READING, Ordinance No. 13 - 01, as presented. Council Member Dahl seconded the motion. Mayor Bergeson voted yea. Council Member Carlson voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Council Member Dahl voted yea. Motion carried unanimously. 17 COUNCIL MINUTES AUGUST 27, 2001 Council Member O'Donnell moved to approve SECOND READING, Ordinance No. 12 — 01, as presented. Council Member Carlson seconded the motion. Council Member Carlson voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Council Member Dahl voted yea. Mayor Bergeson voted yea. Motion carried unanimously. Ordinance No. 13 — 01 and No. 12 — 01 can be found in the City Clerk's office. Consider Resolution No. ---, Spirit Hills Final Plat (3/5 Vote Required), Jeff Smyser — City Planner Smyser advised the City Council approved the preliminary plat on June 11 with Resolution 01— 79. The developer has submitted a final plat for approval. The City typically requires a number of things for a final plat approval. T e include: • Final plat must substantially conform to the approvplat. • Development agreement must be completed, i3 fi securities. • Title must be reviewed by City Attorney. • Conditions of approval must be met. The final plat conforms to the preliminary plat. been reviewed by the City Attorney. In addition to the standard conditi new Ware Road extension City for the lift station. Sc Staff is recommendin as a development agreement. The title has e aal required landscaping along the east side of the of area for a lift station. Oudot B will be deeded to the an aping along the new road will be included in the project. f the final plat. Council Member Dahl ov= to adopt Resolution No. 01-121, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. — can be found in the City Clerk's office. Classification of Anoka County Tax Forfeiture Property (3/5 Vote Required), Jeff Smyser — City Planner Smyser advised Anoka County has notified the City that a parcel of property in Lino Lakes has been forfeited to the State of Minnesota because of delinquent taxes. If the parcel is not repurchased within six (6) months, the City can choose to obtain title to it for public use. Otherwise the parcel will be sold at a County auction. This parcel is .77 acres on Lake Drive, just south of James Street. Staff has not identified any specific need for this property for public use. Since it has future potential for commercial development, staff is recommending that the City Council find that this parcel is not needed for a public use so that it can remain on the tax rolls, and approve the classification and sale of this property. 18 COUNCIL MINUTES AUGUST 27, 2001 Council Member Dahl moved to approve the classification and sale of the tax forfeited parcel, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. Consider Resolution No. 01-122, Joint Powers Agreement with Shoreview for Water Service (3/5 Vote Required), John Powell — City Engineer Powell recommended Council table this item to the September 10, 2001, City Council meeting. Council Member O'Donnell moved to table Resolution No. 01-122 to the September 10, 2001, City Council meeting. Council Member Reinert seconded the motion. Motion carried unanimously. Consider Resolution No. 01-123, Ordering Feasibility Study for 62" Street Reconstruction (4/5 Vote Required), John Powell — City Engineer Powell advised on August 13, 2001, the City Council considered the West Shadow Ponds subdivision. Based on City staff's review of the draft minutes from the meeting, a condition of the preliminary plat approval was initiation of a feasibility study for the reconstruction of 62"d Street. The study will consider sanitary sewer, watermain, and storm sew ,, -hand impacts; road section and other matters related to reconstructing the streets. Pursuant to Minnesota Statutes, Chapter 429, and the L the preparation of a report studying the proposed • Council Member O'Donnell asked for cl Powell advised if a septic fails, residen requirement is part of the City Co Council Member O'Donne discussion at a Counc work Council Member Carls City Engineer Powell a er, Council is required to order ing a failed septic system. City Engineer k up to City utilities if they are available. This anged by the City Council. opy of the City Code regarding this issue for further d if the funding will be looked at when the feasibility study is received. sed funding options will be considered when the study is received. Council Member Dahl moved to adopt Resolution No. 01-123, as presented. Council Member Reinert seconded the motion. The City Attorney advised this item calls for a roll call vote. Ms. Gail Monson, 707 62"a Street, asked if the barrier at West Shadow Pond will at least stay up until the feasibility study is completed or until the spring. City Engineer Powell advised he is unsure about the development schedule. The feasibility study will not be ready until later this year. One of the conditions of approval was to reconstruct 62nd Street as soon as feasible. A trail also must be constructed and that relates to scheduling issues also. 19 COUNCIL MINUTES AUGUST 27, 2001 Mayor Bergeson advised staff can speak to the developer about the schedule to see how it lines up with the feasibility study and reconstruction. Ms. Monson inquired about the details of the trail. Mayor Bergeson stated the trail will be built to City standards. City Planner Smyser added the trail will be paved. Mayor Bergeson stated staff can give a report when further information is obtained. Council Member Dahl stated a condition of approval is that the trail be put in before the development is started. Ms. Monson asked if the City will keep the trail open in the winter so that it is accessible. Mayor Bergeson indicated the City does plow some trail but they are . ority than the streets. Ms. Monson stated the barrier should not be opened if the tramd in the winter. Mr. Marvin Emly, 596 62nd Street, inquired about the C on West Shadow and asked what side of the street olicy. He noted the barrier is e put on. Mayor Bergeson advised the existing trail.' t ort ide of the roadway. Mr. Emly inquired about motoriz Mayor Bergeson stated m•= • ve 's are prohibited on trails. A resident can however, cross the trail with a motorized vehicle et to their driveway. A resident stated the is _. e barrier was raised and she thought the conditions of approval did not include a barrier. Mayor Bergeson stated there is an existing barrier at the end of what is now West Shadow Lake Drive. City Engineer Powell stated it is staff's understanding that the barrier will come down when the road is reconstructed and not put back up. The feasibility study is needed to know more about scheduling. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Council Member Dahl voted yea. Mayor Bergeson voted yea. Council Member Carlson voted yea. Motion carried unanimously. Resolution No. 01— 123 can be found in the City Clerk's office. 20 COUNCIL MINUTES AUGUST 27, 2001 Consider Resolution No. 01-124, Ordering Feasibility Study for 1211h Avenue/ Holly Drive Reconstruction (4/5 Vote Required), John Powell — City Engineer Powell advised on August 13, 2001, the City Council considered the West Shadow Ponds subdivision. Based on City staff's review of the draft minutes from the meeting, a condition of the preliminary plat approval was initiation of a feasibility study for the reconstruction of 12th Avenue and Holly Drive. The study will consider sanitary sewer, watermain and storm sewer issues; wetland impacts; road section and other matters related to reconstructing the streets. A study of this road from County Road J (Ash Street) to CSAH 10 (Birch Street) was also prepared in 1995. As much information and data as is possible will be utilized from the previous study. Council Member Reinert stated the project may not be done for three (3) years. He asked how long the study will be viable. City Engineer Powell stated one question that must be answered is how long before the project can be done. Costs are needed to determine that. The technical information will be good for three (3) years unless there are substantial changes. Council Member Carlson clarified that there is money for Elm Str 62nd Street. City Engineer Powell advised the City can borrow allocation. The City may have to bond for 12th Avenue an bond ahead for Apollo. an borrow ahead for so bond for future ed he believes the City did Council Member Carlson asked if that is a norma +roc re. City Engineer Powell stated bonding ahead is very common. Council Member Carlson stated s costs to the City that will cau Director for financial reco d needs to be improved but if there are additional ngineer Powell advised he does rely on the Finance d information. Mayor Bergeson state +' +ue ":n of bonding is not necessarily a cash flow issue. Bonding is a policy issue relating to out the City wants to use their allocation. Council Member Reinert moved to adopt Resolution No. 01-124, as presented. Council Member O'Donnell seconded the motion. Council Member Reinert voted yea. Council Member Dahl voted yea. Mayor Bergeson voted yea. Council Member Carlson voted yea. Council Member O'Donnell voted yea. Motion carried unanimously. Resolution No. 01— 124 can be found in the City Clerk's office. Consider Resolution No. 01-125, Receive Bids and Award Construction Contract, 2001 Bituminous Wearing Course (3/5 Vote Required), John Powell — City Engineer Powell advised sealed bids were received and publicly opened at 10:00 a.m. on August 20, 2001. City Council action is required to award a construction contract to the lowest responsible bidder. 21 COUNCIL MINUTES AUGUST 27, 2001 The low bid from North Valley, Inc., is approximately 11% below the Engineer's Estimate for this project. Staff referred to a copy of the complete bid tabulation. The funding for this work is provided by assessments to the respective subdivisions included in the project. Council Member O'Donnell moved to adopt Resolution No. 01-125, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 01— 125 can be found in the City Clerk's office. Consider Resolution No. 01-126, Receive Bids and Award Construction Contract, 2001 Surface Water Management (3/5 Vote Required), John Powell — City Engineer Powell advised sealed bids were received and publicly opened at 10:00 a.m. on August 21, 2001. City Council action is required to award a construction contract to the lowest responsible bidde Only one bid was received for this project and is approximately 79 o gineer's Estimate. Staff referred to a copy of the bid tabulation. Staff contacted the contractors who received plans but d + '° ub ":ids. The reasons given for not submitting bids include: their estimators were on ""_ + , t were too busy, and the project contained too much ditch cleaning and not enou: • ipe ° tallation for their crews. If the project is re -bid next year, the Cit construction will also be increase sites will likely be wetter nex a. +Atonal bidders but the overall cost of The net result may not be a lower bid. Also, the will be this fall. The funding for this rk is • ided sy the Surface Water Management Fund. This fund was established in 1992 as a - nu- ° ource in order to meet the "administrative, planning, ponding, mitigation, and water q . i Beds" of the City. It is reimbursed through assessments to new subdivisions and is also •llected as property owners connect to City utilities. The completion date for this project is October 31, 2001. City Engineer Powell added the Boeckman's are having difficulty with the relocation of their well. He referred to a map of the property and stated they are working with staff on this issue. Staff has been reviewing the options. He added that this project will not solve water problems in basements. The City Attorney has received a letter from Mr. Holte's attorney requesting that the City not award the contract for this project. However, the City does not need access to his property for the project. The City Attorney advised the City does have the authority to work within the easement. Council Member Dahl asked if the pond is eliminated, will the pumped water create another pond. City Engineer Powell advised the project proposed will eliminate all water in the pond. The ditches 22 COUNCIL MINUTES AUGUST 27, 2001 will also be cleaned. Property owners are allowed to excavate on their property as long as it does not impact neighboring properties. Council Member Dahl asked if this will help the water problem. City Engineer Powell stated the project will help the water problem but the only way to solve the problem completely is to raise the house 3-4 feet. Council Member Carlson asked if the City needs access to the property to reach the easement. City Engineer Powell advised the easement is accessible. Council Member O'Donnell inquired about the start date of the project. City Engineer Powell advised the City will have to work closely with the Boeckman's and hopefully the project will begin in a few weeks. Council Member Dahl moved to adopt Resolution No. 01-126, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. Resolution No. 01— 126 can be found in the City Clerk's office. UNFINISHED BUSINESS July 23, 2001, City Council Meeting Minutes - paragraph 7, and corrected the first sentence to r amendment to the motion to increase the er Carlson referred to page 6, cil Member Carlson proposed an m wage plus 25%". Council Member Dahl moved to 3, 2001, City Council Meeting Minutes, as amended. Council Member . and the motion. Motion carried unanimously. NEW BUSINESS - COMMUNITY CAL AUGUST 28, 2001 THROUGH SEPTEMBER 10, 2001: Environmental Board Meeting, Wednesday, August 29, 2001, 6:30 p.m. CITY HALL CLOSED, Monday September 3, 2001, Labor Day Council Work Session, Wednesday, September 5, 2001, 5:30 p.m. EDAC, Thursday, September 6, 2001, 7:00 a.m. City Council Meeting, Monday, September 10, 2001, 6:30 p.m. ADJOURN 23 COUNCIL MINUTES AUGUST 27, 2001 There being no further business, Council Member O'Donnell moved to adjourn at 11:05 p.m. Council Member Carlson seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting September 10, 2001. rvi 'h it1' vi e vt Cavi ci-t d a 4 Transcri Kim r, Deputy Clerk d by: is TimeSaver Off Site Secretarial, Inc. • r;- �.L- -n,. - red.. i v .- Ca4.. t.I vl'le-ham hey er eso Ma 3r g 2Y 24