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HomeMy WebLinkAbout09/10/2001 Council MinutesCOUNCIL MINUTES SEPTEMBER 10, 2001 CITY OF LINO LAKES MINUTES DATE : September 10, 2001 TIME STARTED : 6:30 P.M. TIME ENDED : 11:55 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson : None MEMBERS ABSENT Staff members present: Administration Director, Dan Tesch; City Attorney, Bill Hawkins; City Engineer, John Powell; Economic Development Director, Brian Wessel (part); Finance Director, Al Rolek; Economic Development Assistant, Mary Alice Divine (part); Chief Police, Dave Pecchia (part); and Public Services Director, Rick DeGardner SETTING THE AGENDA The agenda was approved as presented. CONSENT AGENDA Council Member O'Donnell moved to Carlson seconded the motion. M nsent Agenda, as presented. Council Member imously. ITEM ACTION DISBURSEMENTS: September 10, 2 1 (Check No. 62833 62933, $2210,886.10) Centennial Fire District Resolution No. 01 129, Request from Lino Lakes Lions Club to Conduct Off -Site Gambling Approved Approved Approved Resolution No. 01-129, Set Public Hearing on Proposed Assessments of Delinquent Sewer and Water Utility Accounts 1 Approved COUNCIL MINUTES SEPTEMBER 10, 2001 OPEN MIKE Swearing in of Police Officers, Mike Monson, Adam Halverson, James Carroll — Chief Pecchia introduced and gave the background of each of the three -(3) new officers. Mayor Bergeson swore in the new officers and congratulated them. PROCLAMATION, Resolution No. 01-151, Domestic Violence Awareness Month — Chief Pecchia read the Domestic Violence Awareness Proclamation that designates October as National Violence Awareness Month. Council Member Dahl moved to adopt Resolution No. 01 — 151, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 01— 151 can be found in the City Clerk's office. Mr. Michael Stratton, 1157 Main Street, came forward and indicated he is skate park. He stated it is very noisy and is causing a problem. Some because it is a nuisance. He added it is also very dangerous and is appy about the new ld be done about it Ms. Ina Liljedahl, came forward and stated she has info ons about a new law being referred to as the Saviors Law. She indicated she has b iden or 28 years and has worked with the state on making laws. She stated she ma • e " in• fes and did get additional information about the law. She was referred to Mr. Blaire Tr ear `: + he left a message for her. She played the tape of the message with his comments re ... :"' om g laws. He indicated on his message that the change in the law only applies to reside ` f + rty. µ e also indicated to her in person that the changes only apply to residential .. e . was put into place for residential property and does not apply to commercial ,.:. She . ated there seems to be a lot of confusion. She proposed that the Council direct theo o contact the General State Attorney's office regarding this issue. She stated ther 's eno • $, information that the City may be in a different position than it believes it is in. She i ' . : d did present this information last Friday and asked if anything has been resolved yet. City Attorney Hawkins stated he contacted the League of Minnesota Cities and several other attorneys. He stated there is no issue regarding the legislation and it does not apply only to residential. Ms. Liljedahl stated she would like to see something in writing regarding this issue. City Attorney Hawkins stated the Attorney General does give opinions, but they are only advisory. He indicated he does not feel he needs to speak to the Attorney General. He noted the specialists he spoke with regarding this issue and said they all gave him the same opinion. Ms. Liljedahl stated that this does change the way the City does business and under the circumstances this issue should be further investigated. It seems that the new law came in effect at the eleventh hour 2 COUNCIL MINUTES SEPTEMBER 10, 2001 • and it was shown on the agenda as a 4/5 vote. She implored the Council to direct the City Attorney to speak directly to Mr. Tremear and the Attorney General's office regarding this issue. Mayor Bergeson stated the Council does ask the City Attorney for legal opinions. He stated he does not feel he is qualified to tell the City Attorney how to do that. He indicated he is not comfortable with directing the City Attorney on how or who to contact. Council Member Carlson stated Ms. Liljedahl did contact her with this information. She stated a meeting was set up with Mike Grochala. She stated she understood that Mr. Grochala listened to the tape and would contact the City Attorney. City Attorney Hawkins stated a discussion was held regarding the tape. Mr. Grochala did not ask him to contact the Attorney General's office. He stated he understands there is ambiguity but no one has taken the position of the law only applying to residential until now. Zoning changes should take place at the local level and an investigation was conducted. Many authorities and attorneys were contacted. Everyone contacted, including the League of Minnesota Cities, has the con - sus that the zoning laws have been pre-empted. After reviewing all the information, the best p. o hat the City is pre- empted and a simple majority adopted the rezone. He pointed out tP ' e ling has not yet been challenged. He also advised that he did not speak to the appli a d °s issue and he did give the best legal advice he could. Ms. Liljedahl asked the Council to direct the City • ° y t. ntact the proper authorities regarding this issue. The City needs to know exactly what is do ' and what exactly was intended by the law. It seems that different information is bein d m decision should be given tonight. Council Member O'Donnell states 'r. em with further investigation by the City Attorney. He noted that he also relies o Atto - y for legal advice. Council Member Dah ordinance". She state different than a regular that the City Attorney i City Attorney has said that "it is not clear" and "may amend your clarification and it won't hurt to investigate further. A PDO is g and she wants to know exactly what the ordinance means. She asked stigate this issue further. Council Member O'Donnell stated he will support further investigation, but he is not requesting any actions on the agenda be delayed. Council Member Carlson requested the City Attorney contact the gentleman from the House of Representatives. Council Member Reinert stated the City Attorney can look into this matter further. Ms. Liljedahl stated she does not want any more trouble for the City. She indicated a majority of the Council supports further investigation. She distributed a copy of a letter that addresses the issues. No one else was present for open mike. COUNCIL MINUTES SEPTEMBER 10, 2001 FINANCE DEPARTMENT REPORT, AL ROLEK Continuation of Public Hearing on Adoption of Business Subsidy Policy and Tax Abatement Policy; Granting a Tax Abatement and Granting a Business Subsidy, Al Rolek — City Attorney Hawkins advised at the Council meeting the rezoning on the Target project was denied. Upon investigation, it was determined that the rezoning did in fact pass with a simple majority. Therefore, action needs to be taken on the Business Subsidy Policy and Tax Abatement Policy. Council Member Carlson advised she received the letter from the City Attorney regarding this issue last Friday. On Thursday, she and Council Member Dahl had agreed to put this item back on the agenda for consideration, along with further discussion of the outstanding issues. Finance Director Rolek advised a public hearing was opened on July 23, continued to August 27 and was again continued regarding the request for tax abatement for the Marketplace project on 35W/Lake Drive. According to the Minnesota Business Subsidy law, a public hearin • ust also be held before granting a subsidy that exceeds $100,000. This public hearing is to t , .4. omment on these issues. The Marketplace, which includes a Target Superstore, a smaller retail and restaurant space, is estimated to be a substantial commercial tax base and provide need The use of Tax Abatement on this project generated by the new development and property. In this project, only the undeveloped property will co The project developer project. Prior to tonig period of six (6) years. maximum of six (6) ye D t Sore and additional ion ! eject that will generate a Lino Lakes residents. to capture the additional City taxes ack over a period of years to the users of the paid will be rebated; the original taxes on the cted by the City and used for general purposes. este financial assistance to the Target and Kohl's portion of the opers had requested a subsidy that consisted of $786,127 over a atement portion of that subsidy was $606,814, collectible over a The developers also requested a waiver of Surface Water Management Fees and a portion of SAC/WAC fees, in the amount of $179,312. These fees could be recovered by the City by using an additional two (2) years of abatement dollars, if the City Council should elect to do so. Based on City Council direction, further negotiations have resulted in a new staff recommendation based on the following terms: 1. An amount of tax abatement not to exceed $519,300, or a maximum term of five (5) years of abatement, whichever comes first. 2. A waiver of an estimated $105,000 in Surface Water Management Fees. 4 COUNCIL MINUTES SEPTEMBER 10, 2001 • The City has established criteria to evaluate the granting of any 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. 9. Community Services. 10. Non -competition with existing services. If creating jobs is one of the purposes of providing a subsidy, the recipient of the subsidy must also establish goals regarding how many new jobs will be created and the wages Target Corporation has agreed to create 75 new full-time equivalent positions at an hourly rate Department Store has agreed to the creation of 30 new full time e of $8.00, plus benefits. plus benefits. Kohl's ons at an hourly rate Mayor Bergeson stated public comment will be taken. k • ste residents be respectful of each other when speaking. Mr. Mike Dempsey, 1051 Oak Lane, state the Council Members and Mayor for th City should be giving Target any given to the Target corporatio Ms. Deb Graf, 7757 ole to the community, not some other developer per hour. Lino Lakes for 24 years. He commended are doing. He stated he does not believe the y does need to progress, but money should not be , sta ed she was always under the assumption that Target gave back hie community. She stated the land is a prime piece of land and e. She added that she heard Burger King is paying employees $9.00 Mr. Dave Marshall, 7445 Village Drive, came forward and stated he was present to represent the YMCA. The YMCA has made a commitment to this community and is very excited about that. One reason for that is the potential for new business and growth within the community. The YMCA needs residents and the financial support from the businesses within the community. He added that he hopes the City will support this type of planned growth. Mr. Paul Tralle, 945 Evergreen Trail, stated he is in support of the Target project. The jobs and development are needed for the City. He stated he has lived here for 14 years and has to drive to 3-4 different towns to do shopping. He stated a sit-down restaurant would be very nice for the City. He indicated he is sorry for those residents who are very close to the development, but that is part of growth. Another development may come to the City, but will not give back to the community like Target will. He stated he is very much in favor of the project. 5 COUNCIL MINUTES SEPTEMBER 10, 2001 Mr. Wayne Hanson, 839 Oak Lane, stated he is against giving the development any money. He stated you just don't give away prime property to the first developer that comes along. The traffic light, Apollo Lane extension and 77th Street are concerns and it does not seem like there is a good plan. He asked what will happen to the businesses along Lake Drive. It seems as though the City has lost is sense of where it is going. He indicated he wanted the City to be different from other cities and Lino Lakes needs to be more creative. Ms. Andrea Davis, 850 Lois Lane, stated she is against any amount of abatement. Development will come and the City does not need to pay for it. Mr. Mike Trehus, 675 Shadow Court, stated if the subsidy were only one dollar it would be too much. Development will come. This project will cause traffic, accidents, and there are too many costs. The City will be losing wetland and upland, as well as park space. He asked why the City should pay for the project. The project will take away tax dollars from the residents and it is not fair. The Council needs to protect the City and say "no" to tax abatement. Mr. Michael Stanton, 1157 Main Street, stated giving Target mon n+ ` . g•"• idea. The City needs to be very cautious and look what happened in other co i , es a Target was developed. Ms. Myra Spijer, 839 Oak Lane, stated the future needs to be careful about development. People to go shopping. Residents can still go to be a minimum number of jobs created effect on the residents is a huge c but is very concerned about p • . ues. e is a bedroom community and the City his City knowing they would have to travel t to shop without this project. There will ve a very small impact. The tax abatement and d she is not sure she understands the whole project, added she is against the project. Ms. Renee Curwick, 3 O • e, s ated she has many concerns about the project. She asked how it will benefit the comm >_et only gives back 1%, and that is only if you use a credit card. Target can help the co ' u by paying a livable wage. Target wants this location because they know they can make a project. Where will the tax breaks stop? A huge retailer gets a break, but not the small business owners. She stated she is very embarrassed that the City would make such a deal. Give the money to schools. The problems caused would include increases in City services, traffic, inconveniences of rerouting traffic, noise and crime. She stated she hopes the City will not give to the rich and tax everyone else. Mr. James Kauth, 849 W 77th Street, came forward and inquired about the latest plan for 77th Street. Mayor Bergeson advised staff will address questions after the public hearing. Mr. Milo Anderson, 7102 Sunrise Drive, stated he cannot believe a large corporation expects the City to pay them to build. He indicated it is very disturbing. He also thanked the residents present who provided information. 6 COUNCIL MINUTES SEPTEMBER 10, 2001 A resident from 77th Street, stated he is very concerned about the right in/right out on 77th and tax abatement. He stated all his turns will have to be to the left and he will be driving down other roads with heavy equipment. Mr. Art Hawkins, 6102 Centerville Road, came forward and stated he has lived in Lino Lakes for 47 years. He read a statement regarding the development and indicated the development would destroy the 20/20 dream. The City needs economic development to ease the tax burden but it is needed on the City's terms, not the developer's. He read the first few lines of the City's Vision Document noting it is still in effect. He suggested the voters decide if they want a Target here or not by putting it on a referendum. Mr. Kevin Murphy, 583 Lois Lane, stated he has lived here for 20 years and commutes daily to Minneapolis. Previously, 79th Street was connected to Lois Lane and it is a very curvy road. If this plan goes through the only way to get out is the curvy, dangerous roadway. He indicated he tries to avoid that roadway. He stated traffic will increase in front of his home. The plan appears to be a band-aid for an already bad traffic problem. More traffic solutions are nee. ed. He asked if a traffic analysis has been done. He stated he and his wife met at Target and h' au works there, but it is very confusing why Target gives to the community but asks for a a a em t. He asked if possibly Target is reluctant to come to Lino Lakes. He also as t wt . ppen if they decide to pull out of the area. Ms. Lynn Heaser, 218 Egret, came forward and re a • s rte_- aroding the Minneapolis store and the costs involved in that project. She stated the lea®. s in nneapolis now saythey made a mistake. Target and Kohl's have had a year to com- u if _ eir plan and the exact figures keep changing. Why should the City pay for a compan x . `o .` ocate here? Target should be paying the City and should be helping the City if a s t a _'.od neighbor. The company had $3.1 million in sales in four (4) weeks and th-' s:: are u They are doing very well financially. It will take the City years to recover the c a on is in an economic free fall and will continue to get worse. She reviewed the figures of u t plo ent and stated the City should not take such a financial risk with so many unresolvedes; he Council would never do this to their own families so they shouldn't do it to the re e of Lino Lakes. Residents can always find a Target to shop at it they want. They should paytheir own way. Ms. Stacy Welciek, 7065 Rice Lake Lane, stated she is concerned about the abatement and the effect the project will have on the school district and community. Ms. Rochelle Miller, 7725 Marilyn Drive, asked for clarification regarding the total dollar amount and time period for the abatement. Finance Director Rolek reviewed the abatement numbers and time period involved in the abatement. Ms. Miller stated she is against the abatement and it seems there are only a few people present who are in favor of the project. She stated she is very concerned that the Council is not listening to residents. Everyone present tonight is against abatement, Target and corporate welfare. 7 COUNCIL MINUTES SEPTEMBER 10, 2001 A resident at 7784 Carole Drive stated there are a lot of kids on Carole Drive and safety is an issue. Traffic is also a problem and it needs to be eliminated, not added to. She read an ad from a St. Paul paper that advertised for jobs at the new Lino Lakes Target store. A resident at 3773 Red Clover Lane stated the project is a bad thing for Lino Lakes. There is a development going in right down the road and the City should wait and see what happens with that. Mr. Jim Sargent came forward and stated he works for Target and has been a resident for 18 years. He is disappointed in Target but it is a good company. He stated the City should not give in to abatements or subsidies. He indicated he does not want Target in Lino Lakes because he likes it quiet and just the way it is. Ms. Kelly Gunderson, 135 Ulmer Drive, thanked Council Members Dahl and Carlson for withholding their vote while there are still questions. She thanked residents for all their information and Council Member O'Donnell. She stated the Council has a very tough decision with many issues. Jobs are needed in the area as well as a larger tax base. The abatement request is to•_ uch for the City. Property taxes will go up and the City does not necessarily need a Tart are many Targets close by. She questioned the success of the Target with a Wal Maq c' .e b She asked the Council to talk to other developers for another deal. She also . ; e ' a • : ' to listen to the citizens. The abatement should be denied and then let Tarte ec t > y want to stay. Mr. Mel Liljedahl, 726 Vicky Lane, stated he is alai a a ment. He is fine with the Target but they should pay their own way. He stated he gua . tee arget will be here in two (2) years asking for subsidized housing due to low wages. Mr. Tom Smith, 874 Oak Lane, c any out-of-pocket dollar costs the abatement dollars ever stated he is not agains he in against the abatement infrastructure. asked how tax abatement works and if there are stated Target will pay taxes after five (5) years, but will There will be an additional charge for infrastructure. He re costs because the road has to be improved. He added he is the figures have come down. He indicated he would rather pay for A resident at 514 Linda Lane stated there is a lot of support for this project but not everyone can be at every meeting. She stated she trusts the Council will see what it means to the City. Target would be fabulous tenants and she hopes it is approved. Ms. Chris Mayer, 6351Red Hawk Trail, stated there are a lot of people who want this project. The City need progress and the issues should be worked out. Mr. Don Dunn, 6885 Black Duck Drive, stated he does respect all the opinions that were expressed this evening even if he does not agree with them. He stated he has a different vision for Lino Lakes — the integration of commercial and residential development to help the City move forward. He stated he does have empathy for those residents who live across the street from the project and he believes traffic can be improved. Lake Drive is a commercial site on the current plan. Commercial property needs to be developed. He stated the Council should have the common sense to say yes to this 8 • • • COUNCIL MINUTES SEPTEMBER 10, 2001 because it is right. He indicated he understands the needs of businesses for abatement and believes the same argument would be made five (5) years from now about any development from the same people. The City needs businesses and the YMCA. He added he is very happy that the rezone was approved and glad that Council Member Dahl and Carlson had agreed to reconsider. Target does not need the City for their future but the City needs them for its future. All citizens in the Forest Lake School District will benefit immediately. The County will get their money right away and that will also benefit the City, similar to the County Park. He stated he believes Lino Lakes has become a better community in the last 13 years and this is another step in the right direction. The City has a great opportunity right now and the Comprehensive Plan support this and calls for a structure to lower the tax rate. That will only happen with commercial development. He indicated he believes the majority of residents are in favor of this understanding that there are some dollars to be paid for it. The City absolutely needs this now. He asked the Council to approve the abatement and move forward. The project is in conformance with the City survey and new Comprehensive Plan. He stated he sees this as part of the overall approach to make Lino Lakes better. He asked the Council to make this happen as soon as possible. Ms. Ina Liljedahl, 726 Vicky Lane, came forward and read comments ade at a church service relating to large businesses and money compared to hum .'s' e asked how many people present knew that Target was already advertising for jo o She stated that by advertising already, the public hearing is a waste of timems's not listening. She stated she is angry that the Council says they represent the res' lout m ple people present are against the project. She asked the Council to think very c m p be `a e a multi billion -dollar company is asking for everything they can. She stated it is s efu : at the Council is even considering this and the Council should use their power tom. +' b vot Commercial development is not the issue. The City should make them pay their o ' a he sed the Council to not vote yes to abatement. Target thinks this is already a don e. �. ` on them for that. The Council should vote no and see what Target does. She as = e Co cil please not make this a waste of time. Ms. Nancy (?), 873 O . Lane, e f:rward and gave facts about Target's profits, revenues, sales and financial statements. , .tee e can not believe Target is asking the City for an abatement. She asked why the compan . a "the City for a tax break. An abatement is corporate welfare and the City should not particip. -. Residents present are adamantly opposed to the project. She stated there are very few residents present who are in favor of the project. If the project is completed, there will be three Target's closer than the high school. This development is not within the scope of the 20/20 Vision. Traffic and safety are also issue. She stated this is the third time she has spoke in opposition to this issue. She asked the Council to please vote no. Mr. Jeff Rutz, 6996 Second Avenue, stated he has several facts. Anoka County, the school district and the City of Blaine told Target no. Target wants this land and they will pay for it because it is the last exit not developed. This is Target's last chance because there will be significant changes to tax abatement. He read an article from the June Star Tribune regarding the proposed abatement changes. Target is asking to take money away from the children of Lino Lakes and the Council should not allow that. He stated he is very disappointed about the ad in the paper for employment and the fact that the YMCA representative is in favor of the project. The 90% growth rate over the last 10 years should be enough for the YMCA. He stated the project should not be allowed on the taxpayers dollar. COUNCIL MINUTES SEPTEMBER 10, 2001 He thanked Council Member Carlson and Dahl for abstaining on the vote. Any money this will cost the City is because the City rezoned without a development. He stated the Council should stand firm and not let Target nickel and dime them. Mr. Ryan Kenny, 6299 Red Maple Lane, stated he has filled out many job applications and the spots are already filled. Lino Lakes does not have enough job opportunities for all the homes that are being built. Target would be a good job for students. He indicated he has learned about business in school and want to earn money to apply what he has learned. Mr. James (?), 3888 5`h Avenue, stated he wants the Target here because he needs a job and college money. He has learned in school that you should get jobs early. He stated he has applied for a lot of jobs but there are never any openings. He stated he is happy about Target and Kohl's so he can get a job. Mr. Kenny added that Target does give back to the community. Mr. John Johnson, 261 Elm Street, stated he is disappointed that resid and have to wait until after the public hearing is over. He stated h wanted to slow things down but citizens voted them in to vote to be put to the voters to see what the majority really want Mayor Bergeson advised the two (2) abstentions Mr. Lyle Carpenter came forward and gav and also proud of the job the Council shouldn't hesitate in moving ahea Bedroom communities can no this plan. sked for information ) Council Members stain. The plan needs e City, noting he is very proud of the City ve one over the past several years. The Council ss is good and this will be an outstanding City. se ves. He stated the Council should move forward with Mayor Bergeson advis if the project is approv their deliberation. c hearing will be closed. Staff will then outline the financial steps stated the Council will take a short break and then Council will begin Council Member Carlson moved to close the public hearing at 8:45 p.rn. Council Member Dahl seconded the motion. Motion carried unanimously. Finance Director Rolek outlined the business subsidy proposal and explained the abatement process and how abatement works. He noted the differences between tax abatement and TIF. The City is not committing any general tax dollars. The tax dollars will only be abated if the development goes forward. The City will still collect taxes, then rebate them for five (5) years or the final figure, whichever comes first. There is no immediate need for the dollars that will be used for this project. The infrastructure costs will be assessed back against the development and will be collected over a period of time. Mayor Bergeson called for a short recess at 8:52 p.m. 10 COUNCIL MINUTES SEPTEMBER 10, 2001 Mayor Bergeson reconvened the meeting at 9:07 p.m. noting the City Engineer will address specific design issues. City Engineer Powell advised the Lake Drive project has not changed. A public hearing will be held on September 24. He referred to the drawing and pointed out the improvements that will be made on Lake Drive. The costs will be borne by the developments on the east side. The median on 77th Street was a requirement by the County. Run-off will be directed to the southeast with minimal impact. Council Member Carlson inquired about the type of material used and the width of the median. City Engineer Powell stated the median will be a 16 -foot wide concrete raised median with a slight change at Apollo. Council Member Carlson asked where a similar type median can be found in the City. City Engineer Powell stated there are no similar medians in Lino Lakes. There are possibly some on Highway 96. Council Member Carlson asked if there will be plantings. City Engine- ' o indicated the plan does not currently include plantings. Council Member Carlson referred to a second access nort She asked if there are any future plans to connect 77th S Powell state there is that possibility, but the current of Lake Drive. Street from the west. nd access. City Engineer t propose anything on the west side Council Member Carlson asked at wha • • • - roar way would be angled down. City Engineer Powell stated he cannot answer t a • b s would depend on the development at the time. Council Member O'Donn- x w p` s recommended about the impact on residents regarding their wells. City Engi ' er Po ex = 1 stat d any concerns relating to wells are due to de -watering and deep construction. He _.'nes '' hat has already been in that area and if any residents have concerns they can contact the Ana aunty Health Department. Council Member Dahl asked for the increments for each stoplight from the 35W off -ramp. City Engineer Powell advised future signals will be at Town Center Parkway, northbound ramps of 35W, southbound ramps, Apollo Drive, the second access and Main Street. Council Member Dahl asked how much distance will be between the lights. City Engineer Powell stated the distance will vary and he does not have that information available. Exact dimensions can be provided at the next meeting. He stated it is probable that the distance between the lights will range from 500 — 800 feet. Council Member Dahl asked if 500 — 600 feet is less than 1/10 of a mile. City Engineer Powell advised 5,280 feet is equal to one mile. COUNCIL MINUTES SEPTEMBER 10, 2001 Consider Resolution No. 01-106, Approving a Tax Abatement to Target and Kohl's (Lino Lakes Marketplace Request for Tax Abatement) 3/5 Vote Required, Al Rolek — Finance Director Rolek advised Resolution No. 01-106 recognizes that the Marketplace development meets the goals and objectives outlined by the City in its tax abatement criteria and sets forth the terms of the abatement. He reviewed the terms of the abatement and advised it is staff's recommendation that approval of the abatement be contingent upon final approval of the project by the City Council. Council member Carlson asked if the amount of $519,000 in five (5) years is because the waived SAC/WAC fees are not included. Finance Director Rolek stated the SAC/WAC fees are not included in the business subsidy either. Only the surface water management fees are being waived. Council Member Carlson clarified that the subsidy amount is $519,000 plus waived fees. Council Member Reinert stated he received an information letter today entitled "Are the deals at Target this good?". He read the information sheet and responded to the misconceptions that are in the community regarding tax abatement. He noted that the 77th Street issues d• oncern him. He also responded to the comments that were made by residents during the pu s lf` g. He noted the abatement may be over before the five -(5) year period. Council Member Reinert continued stating he has lived w h ly ` ino Lakes on and off since 1975. He stated he loves the City and it will never be ag ose�because the City can only build on one of every five (5) acres. The Compre e e Pl`: , . lows for slow growth and low density. The community is a bedroom communi ple come here to live and not work. The City has high taxes because of that. Busies of •e built all over Lino Lakes because there are minimal areas for commercial develo � 1. • has been designated as commercial for twenty years. The City should build soms ha t sows will succeed. Taxes will not go up because of this development. City servic • tinu and paid for by the tax dollars already being collected on that parcel. After five ( th 'ty will start collecting taxes. He stated he does not know if taxes will go down at at por That will be up to the future Council. There are also other pads that will develop because a •ro; > "t. Those pads will also pay taxes and they will be paid immediately. There wi • •e renewed interest in the YMCA. There will be senior housing and a string of small retail she - ' . The total cost is $519,000 + $105,000 for the surface area management fund. He stated the City does have a very conservative financial advisory that has indicated that fund is in good shape. He reiterated that fees that will come into the City because of this project, which is approximately $510,000, noting the fees will not come without costs. The City has been ordered to purchase a two -(2) acre parcel for $370,000. The developer will purchase that property back from the City. That adds up to approximately $880,00 going to the City, which is a financial benefit. Council Member Reinert referred to the term "corporate welfare" and stated there are two (2) options: TIF or abatement. Every Council Member on this Council has voted for TIF and sometimes the term was up to ten years. He stated most of the comments he has received would indicate that residents want Target, but not the abatement. Citizens have wanted tax relief and diversifying the tax base is a way to do that. This development would be an asset to the community. He stated he is in full support of the project and was always trying to get to a five -(5) year term for the abatement. Every single 12 COUNCIL MINUTES SEPTEMBER 10, 2001 • person on the Council said a five -(5) year term is acceptable. He stated he needs to do what is right for Lino Lakes. • Council Member Carlson stated she also received a copy of the flyer and she responded to the statements on the flyer. She indicated she may have been pressured regarding her vote on this issue. Council Member Reinert stated he has not pressured anyone regarding his or her vote on this issue. Council Member Carlson read from the Comprehensive Plan regarding the objective of lowering the tax rate. She reviewed the tax rate for the past few years. She expressed concern regarding how much the abatement involves and the term. She added it was said that the land is commercial, but it has been changed to mixed use. The Citizens Survey did not include the approval of a big box development. Fees for the surface water management fund have always been collected. It is not fair to allow big development not to pay also. She referred to the development in Blaine and stated more money was paid for that land and $100,000 went to the park department. She stated that perhaps a big contribution will come from Target for the YMCA in the future. The Coun .1 is very committed to the YMCA. She stated that on her first vote for the plat, she asked tha ,�be g = ed to resolve outstanding issues. She stated she did vote to approve it, but by t c+ s �. vo the issues had not been resolved and they still are not. She added abstaining had t q ° e egality of this issue. Council Member O'Donnell moved to adopt Resolutio 0 — 1 , , as presented. Council Member Reinert seconded the motion: Council Member O'Donnell stated he has s good and bad about this development and talked to everyone that called him who • it. e stated he has heard over and over that residents are not against Target, b char g. abatement. He indicated he believes the City could come up with a develo. t °= . doe of cost the City anything, but will not have the amenities the City is askin: . = e g :�• he feels the City has to participate to get those amenities. This project will allo or of •pportunities. If this project is lost, something else will go there, but what type of developmk, 11 i .e? The County and school district taxes will be paid. He stated he thinks this is planting ar future tax reductions. He advised the proposal is asking residents to defer the taxes for five ) years and he does not feel taxes will be raised if the City does that. He added he believes the money spent in this community will be a good thing. The issues on 77th Street are still a concern. Other than 77th Street, this project is a good thing. Council Member Dahl stated Council Member Reinert indicated taxes will not go up, but they will not go down either. The McDonald's plan is going before the Planning and Zoning Board in October due to some revision. The two acre parcel the City has to purchase was a result of what the previous Council was advised to do. The City does have a TIF district and it has been indicated there is nothing that can be done about that. She stated she did not receive the flyer and she has thought about this for a long time. She stated that from the very beginning she wanted Target to come here, but she also asked about financial assistance. She stated she is not in favor of tax abatement or corporate welfare. The people in this state have indicated they are not in support of corporate welfare. She stated she does not think people should take money out of their pockets to give to this corporation. It is the Council's duty to be prudent with the tax dollars. The City has an investment in the Town 13 COUNCIL MINUTES SEPTEMBER 10, 2001 Center and the YMCA. It would be fine if Target came here with no money and no issues on 77th Street. She stated she called the City of Blaine and they indicated they owned the land. Wal Mart gave $500,000 to get in there plus $5.00 per square foot. Target also gave a check to Blaine for $100,000 for the parks with an indication there would be more in the future. She stated she has not seen that here. Commercial development is needed, but at what cost? Council Member Dahl stated she is very disappointed in Ryan and Target. She stated she asked for a CEO to attend a meeting and last meeting got a real estate agent. She indicated she was unaware of any ad for employment and the ad was very disrespectful to the Council. The reason for a subsidy was to create new jobs and it was supposed to be jobs for the City of Lino Lakes. She stated she has lived here for 101/ years and she shops where she has to go for other errands. Kids do need jobs. She advised she abstained from the last vote to keep the door open. She met Thursday to reconsider the issue. She stated she also went the EDAC meeting Thursday morning. EDAC only supports an abatement for five (5) years, not with interest and waived fees. The issues on 77th Street have not be resolved satisfactorily because of the right in/right out. She stated Target and Kohl's could be better neighbors and work with the residents on 77th Street. Most of the Council embers do want the issues resolved on 77th Street. There is also the issue of the need for f • lights with very little space between them. She added she believes in a second access . nb _ht out at the second access, not 77th Street. Traffic is also a major concern. Mayor Bergeson stated the question is why would the c to a t a multi -billion dollar corporation. The two -(2) reasons include that the _ to ite is inadequate for a project of this size. The cost of the improvements is about $2 hon d will be assessed back to the businesses. The assistance is to help with the improve » - • e .r d. The City could have done it another way, which might have been easier to e ,, m' he o er reason is that the interchange is the only commercial interchange in the Cit. u. ` dings and construction are desired. The City wants a high quality develop • i e C'. Hall, bank and clinic. Staff has worked with the developer to make improv ® o t : ite that will be of a higher quality. The developer did not have to agree to that. he Ci uld have gotten a typical big box development. There are costs associated with qualit -_'� xe: op nt. Mayor Bergeson reitera s there has been a lot of misunderstanding about tax abatement. Abatement does not take citizens taxes and give it to the developer. The amount being abated is the developers property taxes given back to them to help pay for the assessments and quality features. Wetland issues have been resolved with the County and the golf course will be improved because of it. The concept of assisting businesses is not a new concept to the City. It has been done before, such as the Glen Taylor project, which is almost to the end of their time period. The but/for criteria is not necessary for abatement, but it does fit this project. He stated he is very proud of the staff who worked on this project and they have done a great job negotiating the subsidy. He thanked staff and he stated this will be a quality project. Council Member Carlson stated she has been in Lino Lakes for 28 years and has learned a lot about the history of the community. This is not a wealthy community. Target has not produced any information showing their need. Kohl's shows a bigger profit than Target. There has been no market study and it is hard to justify a subsidy, although there are justified costs. She stated she can support 14 • • • COUNCIL MINUTES SEPTEMBER 10, 2001 five (5) years for a total of $519,000, but not $624,000, which would mean another year of abatement. She stated the City should not waive a fee that was not waived for someone else. She stated she will support an abatement amount of $519,000 but does not think the developer will compromise. The process has made the community angry. The County Engineer indicated 77th would stay as is, but that was not acceptable to Ryan and the City conceded. She asked what the City should do now and if the City would ever construct a 16' wide median in another part of the City? She stated she knows the City would not. She stated she is unsure about what the City will be getting for their money. The Forest Lake School District and the County will be paid because they chose not to participate in the abatement. The City will also have to pay a subsidy for the south section, which is very important because of the YMCA and senior housing. Council Member Carlson referred to the business policy and quoted a statement from that policy. She stated she believes there will be spin-off business from the project. She noted the votes from EDAC regarding this issue. She stated many of the Council Members wanted a five -(5) year term or less, similar to what the City is doing with TIF. She stated she can support a five -(5) year abatement but will vote no to any additional fees being waived. The abatement period is r- , ly six (6) years when you factor in the waived fees. Council Member Dahl stated the Finance Director indicated t amount and could go up as high as $113,000. Finance Dir c surface water management fund is unknown at this tim the point is that the fee will be waived. re not a definite ed the exact fee for the figure is approximately, but Council Member Dahl stated she spoke to c irec°:r Rolek and Community Development Director Grochala and indicated she wa • i re for abatement, although she previously stated she would support $519,000 with a=re + o waived fees. She stated Target can do this without the City, as can Kohl' ated e does not know about Ryan. She stated this is very tough decision and nobod en',_htly. She stated she wants the condition that the problems on 77th Street are reso ed. • is the only one that can change that. Ryan should make it so with the neighbors on 77th Council Member Carlson thanked everyone who called her noting she did not call everyone back. She received 39 calls showing support for her opinion and 17 who did not. She stated she wants the project and believes the community wants it. She stated another concern is where will the money go? Finance Director Rolek stated the subsidy is for Target and Kohl's. Council Member Carlson read an excerpt from the Springsted report relating to options regarding tax abatement and an abatement levy. Finance Director Rolek advised there are different methods of abatement. This method is rebating their tax. There are a number of ways to structure financing options. He noted no taxes will go back to them if they do not pay their taxes. Council Member Carlson moved to amend the motion to include that instead of paying $624,000, the City pay $519,300 — the abatement total without the waiver of fees. 15 COUNCIL MINUTES SEPTEMBER 10, 2001 Finance Director Rolek advised the motion on the table is for Resolution No. 01 106. That resolution does not including anything about waived fees. Council Member Carlson indicated she will withdraw the amendment and add it to the business subsidy resolution. Council Member Dahl asked what will happen if the tax abatement resolution is approved and the business subsidy resolution is denied. City Attorney Hawkins stated he understands that the negotiations are for both the tax abatement and business subsidy. If the both items do not pass the City does not have an agreement. Motion carried with Council Member Dahl voting no. Resolution No. 01 — 106 can be found in the City Clerk's office. Consider Resolution No. 01-127, Approving a Business Subsidy to T Rolek - Finance Director Rolek advised Resolution No. 01-127 reco development meets the goals and objectives outlined by the City i Target Corporation has agreed to create 75 new full-time equi $8.25, plus benefits. Kohl's Department Store has agreed o equivalent positions at an hourly rate of $8.00, plus be These wages and job goals exceed the City's mi date assistance is received, jobs created s plus benefits." et and Kohl's, Al t the Marketplace ubsidy Criteria. t an hourly rate of 30 new full-time uirement that "within two (2) years of the • ual to 110% of the federal minimum wage, Separate Abatement agreeme... i .tlinee conditions for public assistance to Target and Kohl's for the construction of Targ u"K rs d Kohl's Department Store. Included in these agreements will be a Business Sue idy A_ p- men that defines the number and wages of new jobs to be created by each project, and th elo * s' responsibilities if they do not fulfill the Agreement. Council Member Reinenoved to adopt Resolution No. 01 — 127, as presented. Council Member O'Donnell seconded the motion. Council Member Carlson moved to amend the motion to include the removal of the $105,00 in waived fees for a five -(5) year total subsidy. Council Member Dahl seconded the motion. Mayor Bergeson stated he is against the amendment because he believes the agreement was negotiated as a package. The project is good for the City and the total package should be approved as presented. Council Member Dahl stated she agrees the project would be good for the City but it can be done without a subsidy. If it can't be done without a subsidy, Target does not really want to be here. 16 • COUNCIL MINUTES SEPTEMBER 10, 2001 Motion on the amendment failed with Council Member O'Donnell, Reinert and Mayor Bergeson voting no. Council Member Carlson asked for clarification on the subsidy figures. Finance Director Rolek clarified the resolution and the subsidy figures within the resolution. Council Member Carlson stated that because the developer won't compromise on the $105,000 in waived fees, she cannot support the business subsidy. Motion carried with Council Member Carlson and Dahl voting no. Resolution No. 01 — 127 can be found in the City Clerk's office. Mayor Bergeson called for a short break at 11:00 p.m. Mayor Bergeson reconvened the meeting at 11:10 p.m. He asked if the Co cil will continue to finish the meeting in spite of the time. It was the consensus of Council to continue the meeting. Proposed 2002 General Fund Operating Budget an Resolution No. 01-131, Adopting the Propose Rolek — Finance Director Rolek advised the Mi to adopt and certify a proposed 2002 oper y Payable in 2002; 1 Fund Operating Budget, Al to Statutes require the City of Lino Lakes or before September 15`h of each year. The 2002 budget is proposed wit c • se over the 2001 budget. The City experienced a market value growth of 13.52 The departmental bud' - is wi the proposed budget will be further reviewed by the City Council and staff between Sept 1 and December 10th, for changes, if needed. Council Member Carls •:' 'inquired about the exact amount of HACA from last year. Finance Director Rolek stated $332,000 was received last year but the City's allotment was $460,000. Council Member Carlson thanked Finance Director Rolek and the department head for their work on the budget noting this is not the first time the Council has discussed this issue. Council Member Carlson moved to adopt Resolution No. 01 — 131, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 01— 131 can be found in the City Clerk's office. Consider Resolution No. 01-132, Adopting and Certifying the 2001 Tax Levy Collectible in 2002, Al Rolek — Finance Director Rolek advised Minnesota State Statutes require the City of Lino COUNCIL MINUTES SEPTEMBER 10, 2001 Lakes to adopt and certify a preliminary tax levy for the coming year on or before September 15th of each year. Legislative action during the last session has made a large impact on the City's levy for the coming year. The legislature took over funding of general education and compressed the property class rates for all classes of property. The state legislature also eliminated Homestead and Agriculture Credit Aid (HACA) to cities for this and future years. This funding will be used to offset the state's cost of general education funding. This leaves a large funding gap for the city if services are maintained at their present level. The legislature has allowed cities to increase their levy to make us this funding gap. The proposed levy for Lino Lakes includes such an increase to make up this funding gap. This increase will be more than offset by a decrease in the school district levy, which will be made up by the state. The net result should be a decrease in property taxes in 2002. The proposed levy may be decreased when the final levy is adopted in December. The final levy can not be more than the proposed levy. The total levy includes dollars for the general operating budget as well .° do for general bonded debt. The levy will be further reviewed by the City Council and to ' be e ptember 15th and December 10th, for changes if necessary. Council Member Carlson moved to adopt Resol t on ®, e 1 -- 132, as presented. Council Member Dahl seconded the motion. Motion carrie Resolution No. 01-132 can be fJerk's office. Consider Resolution No. . ing a Truth in Taxation Hearing for the 2001 Tax Levy Collectible in 2002, Role finance Director Rolek advised all government entities are required to hold Truth in Taxati . i o receive public input on the proposed levy and general operation budget. Cities may not ` eir hearings on the same dates as Counties and School Districts. Due to the extended 2001 legislative session, the State Legislature waived the requirement of a Truth in Taxation hearing for this year. The reason for the waiver is that the extended legislative session caused a delay in the processing of tax and specific property notices, and the public will not receive this information until mid to late December. However, although it is not required, the City Council has indicated a desire to hold a Truth in Taxation hearing. Monday, December 10, 2001, at 6:00 p.m. is proposed to be the Truth in Taxation hearing date, with final adoption of the 2001-02 tax levy and 2002 general operating budget immediately following the hearing. Council Member O'Donnell moved to adopt Resolution No. 01-133, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 01-133 can be found in the City Clerk's office. 18 COUNCIL MINUTES SEPTEMBER 10, 2001 411, ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Consider an Offer of Employment to Ann Blair for the Position of City Clerk, Rick DeGardner - Public Services Director DeGardner advised the departure of Ry-Chel Gaustad earlier this summer created a vacancy in the city clerk's office. Staff advertised the position and interviews were held August 20`h at City Hall. The recommendation of the City Administrator and Administration Director is to offer the position to Ms. Ann Blair. Ms. Blair has a law degree from the William Mitchell College of Law, and has done municipal work. with the firm of Kennedy and Graven. Ms. Blair is well versed in ordinance development and application as well as state statutes that deal with data practices. At the Council's next work session on September 19, the City Administrator and Administration Director will present to the Council staff's recommendation for some minor duty reassignments with regard to the city clerk, deputy clerk, and other secretarial support position Council Member Dahl moved to approve the hiring of Ann Blair ; 't s presented. Council Member Carlson seconded the motion. Motion carried unani PUBLIC SAFETY DEPARTMENT REPORT, DAVI;E ° CH There was no Safety Department report. PUBLIC SERVICES DEPARTMEN _ R ; ' CK DEGARDNER Consideration of Resolutio DeGardner — Public Sery operational since Aug rpt 27, designated to purchase wedge attached to a 3' ccepting Donations for Skate Park Pad, Rick Gardner advised the Skate Park at City Hall Park has been 1. Twenty thousand dollars of Park Dedication Funds were skate park equipment including a 9' wide quarter pipe, 6' wide uarter pipe, fun box, 4' wide jump, and a straight -round rail. Donations were received from the following to fund the construction of a 60' x 80' bituminous pad: Forest Lake Area Athletic Association (FLAAA) Friends of the Park Foundation Lino Lakes VFW Auxiliary Lino Lakes Lions Club Centennial Fire District Mr. Keiger and area youth Lino Lakes VFW Lino Lakes State Bank Community National Bank Custom Remodelers 19 $2,000 $1,000 $1,000 $ 750 $ 500 $ 430 $ 300 $ 250 $ 200 $ 100 $6,530 COUNCIL MINUTES SEPTEMBER 10, 2001 Public Services Director DeGardner extended appreciation to the area businesses and groups who contributed financially to make the project a reality on behalf of the City Council, Park Board, City staff and area youth. Council Member Reinert moved to adopt Resolution No. 01 – 128, as presented. Council Member Dahl seconded the motion. Mayor Bergeson stated a resident has made a complaint regarding the noise. Public Services Director DeGardner advised he will contact the resident about his concerns and the Council will be given an update. Motion carried unanimously. Resolution No. 01– 128 can be found in the City Clerk's office. COMMUNITY DEVELOPMENT DEPARTMENT REPORT Consideration of Resolution No. 01-130, Authorizing Ap Communities Demonstration Program, Mary Alice Div'ne Divine advised that as part of the City's participation in funds are made available to cities to promote the planning funds through the Livable Communitie compact, efficient, mixed use developme Associates—a firm specializing in Tradi plan and design standards for the In 2000 Lino Lakes reques control of the 30 -acre .to $450,000 to begin imp developers to develop senio This year the City is applying again for $1.5 million in funding to assist the developers in acquisition of the remaining land. The application for funding must include a resolution of support from the City in which the project is located. Livable Development Assistant nes • ivable Communities Act, Act. In 1997 Lino Lakes applied for tration Account (LCDA) for the creation of ived $220,000 in funds to hire Calthorpe orhood Development—to complete a master in funding, recognizing it was the only mechanism to gain ement the master plan. The Metropolitan Council awarded the City of housing in the Village. The City has been working with ental apartments on the portion of the site already under City control. Council Member Carlson referred to the development plan and the land price for the parcel. She stated the acreage is listed, but not the price. Economic Development Assistant Divine advised the total construction cost does not include the land cost. Council Member Carlson referred to the estimate for the Tagg property and asked if there is a cost consideration for relocating their home and business. Economic Development Assistant Divine stated the cost for relocating their home and business is not included. 20 • • COUNCIL MINUTES SEPTEMBER 10, 2001 Council Member Carlson asked if the $1.5 million grant will cover those costs. Economic Development Assistant Divine advised the Tagg's have indicated they are interested in that price and an additional amount for relocating. She indicated more negotiations will be held. Council Member O'Donnell moved to adopt Resolution No. 01-130, as presented. Mayor Bergeson seconded the motion. Council Member Dahl advised she has voted no on this item in the past and will continue to do so. Motion carried with Council Member Dahl voting no. Resolution No. 01 — 130 can be found in the City Clerk's office. Mayor Bergeson advised this is the last Council meeting for Economic Development Director Brian Wessel. He thanked him for all his hard work over the years. Economic Development Director Wessel stated he will return to a Co Council during open mike. Consideration of Resolution No. 01-134, Receiving B. Extension, John Powell — City Engineer Powell advis opened at 10:00 a.m. on September 7, 2001. The Inc., and was approximately 8% below the Engi Council Member Reinert moved to ado Carlson seconded the motion. M Resolution No. 01 — 134 c ng to address the cres Sanitary Sewer ere received and publicly ceived from Volk Sewer and Water, mate for this project. on o. 01 — 134, as presented. Council Member imously. the City Clerk's office. Consideration of Res 01-122, Joint Powers Agreement with Shoreview for Water Service, John Powell it - " ngineer Powell referred to an agreement that allows Shoreview and Lino Lakes to share the cost of constructing a water meter to measure the flow from Shoreview into the Lino Lakes system. This enables Shoreview to send a single invoice to Lino Lakes for all of the water use. Lino Lakes would then be responsible for sending individual bills to its residents. Council Member Carlson moved to adopt Resolution No. 01-122, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 01 — 122 can be found in the City Clerk's office. Consideration of Resolution No. 01-135 through 01-141, Declaring Costs to be Assessed and Order Preparation of Proposed Assessment, John Powell — City Engineer Powell advised six (6) development projects have progressed to the point where assessment rolls can be prepared. Costs for each improvement have been calculated by the City Engineer. Resolutions have been prepared 21 COUNCIL MINUTES SEPTEMBER 10, 2001 ordering the preparation of the assessment rolls. State Statutes and the Lino Lakes City Charter require a formal resolution ordering preparation of an assessment roll for each improvement project. The developer installed improvement projects to be assessed are as follows: Bluebill Ponds Highland Meadows West 3rd Addition Peregrine Pass Spirit Hills West Shadow Ponds 12th/Holly Subdivision There are also several property owners who connected to City nth' ti assessments be collected with their taxes. Consideration of Resolution No. 01-135, Declaring Preparation of Proposed Assessment, Bluebill moved to adopt Resolution No. 01 — 135, as pres Motion carried unanimously. ear and requested the essed, and Ordering owell — Council Member O'Donnell uncil Member Dahl seconded the motion: Resolution No. 01— 135 can be f• , + th ;it Jerk's office. Consideration of Resoluta . w 0 36, Declaring Cost to be Assessed, and Ordering Preparation of Prop t . ed As men , Highland Meadows West 3rd Addition, John Powell — Council Member O'Do m• d to adopt Resolution No. 01 - 136, as presented. Council Member Dahl seconded the motion. otion carried unanimously. Resolution No. 01— 136 can be found in the City Clerk's office. Consideration of Resolution No. 01-137, Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment, Peregrine Pass, John Powell — Council Member O'Donnell moved to adopt Resolution No. 01 — 137, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 01 — 137 can be found in the City Clerk's office. Consideration of Resolution No. 01-138, Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment, Spirit Hills, John Powell - Council Member O'Donnell moved to adopt Resolution No. 01 — 138, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. 22 • • COUNCIL MINUTES SEPTEMBER 10, 2001 Resolution No. 01— 138 can be found in the City Clerk's office. Consideration of Resolution No. 01-139, Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment, West Shadow Ponds, John Powell — Council Member O'Donnell moved to adopt Resolution No. 01 — 139, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 01-139 can be found in the City Clerk's office. Consideration of Resolution No. 01-140, Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment, Individual Properties that Requested Connection to City Utilities in 2001, John Powell — Council Member O'Donnell moved to adopt Resolution No. 01- 140, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 01-140 can be found in the City Clerk's office. Consideration of Resolution No. 01-141, Declaring Cost to be As e s s d Ordering Preparation of Proposed Assessment, 12th/Holly Subdivision, ohs " ell Council Member O'Donnell moved to adopt Resolution No. 01 — 141, as prese u cr tuber Dahl seconded the motion. Motion carried unanimously. Resolution No. 01 — 141 can be found in the City Consideration of Resolution No. 01— Proposed Assessment, John Powell above resolutions declaring the c rolls for the projects to be ass Monday, October 22, 2001 Consideration of Res John Powell — Council Council Member Dahl 148, Setting Public Hearings for eer f' owell advised the City Council adopted the ss and ordering the preparation of the assessment e foll ing resolutions set the date for the public hearings for ments to each of the projects. 01-142 for Hearing on Proposed Assessment, Bluebill Ponds, e ® . er Carlson moved to adopt Resolution No. 01 — 142, as presented. onded the motion. Motion carried unanimously. Resolution No. 01 — 142 can be found in the City Clerk's office. Consideration of Resolution No. 01-143 for Hearing on Proposed Assessment, Highland Meadows West 3rd Addition, John Powell — Council Member Carlson moved to adopt Resolution No. 01— 143, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 01-143 can be found in the City Clerk's office. Consideration of Resolution No. 01-144 for Hearing on Proposed Assessment, Peregrine Pass, John Powell — Council Member Carlson moved to adopt Resolution No. 01-144, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. COUNCIL MINUTES SEPTEMBER 10, 2001 Resolution No. 01— 144 can be found in the City Clerk's office. Consideration of Resolution No. 01-145 for Hearing on Proposed Assessment, Spirit Hills, John Powell — Council Member Carlson moved to adopt Resolution No. 01 — 145, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 01-145 can be found in the City Clerk's office. Consideration of Resolution No. 01-146 for Hearing on Proposed Assessment, West Shadow Ponds, John Powell — Council Member Carlson moved to adopt Resolution No. 01— 146, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 01-146 can be found in the City Clerk's office. Consideration of Resolution No. 01-147 for Hearing on Proposed As Properties that Requested Connection to City Utilities in 2001, Jo Carlson moved to adopt Resolution No. 01— 147, as presented. C motion. Motion carried unanimously. Resolution No. 01-147 can be found in the City Clerk Consideration of Resolution No. 01-148 for Subdivision, John Powell — Council Me presented. Council Member Dahl sec ment, Individual — Council Member r Dahl seconded the n Proposed Assessment, l2"`/Holly ved to adopt Resolution No. 01— 148, as oton. Motion carried unanimously. Resolution No. 01-148 can . e • '. 'n theCity Clerk's office. UNFINISHED BUSINESS August 8, 2001, Coun rk Session Minutes — Council Member Carlson referred to page 3, paragraph 2, and correctd the second sentence to read "Tonight he is hearing a reversal of some ideas relating to pushing the road through". Council Member Dahl moved to approve the August 8, 2001, Council Work Session Minutes, as amended. Council Member Carlson seconded the motion. Motion carried with Council Member O'Donnell abstaining. August 13, 2001, City Council Minutes — Council Member Dahl page 2, paragraph 1 regarding Ms. Walseth's concerns. She asked if anything has been done. City Engineer Powell recommended the City trim and cut all foliage, including the trees, at that intersection. He indicated he would contact Ms. Walseth. 24 COUNCIL MINUTES SEPTEMBER 10, 2001 Council Member Dahl referred to page 6, paragraph 8, and corrected the sentence to read "Council Member Reinert asked why the access could not be at 77th Street." Council Member Dahl referred to page 14, paragraph 8, and asked for information regarding a trail on Hawthorne. Council Member Carlson referred to page 11, paragraph 7, and corrected the spelling of Mr. Mattke, noting it should be corrected throughout the minutes. Council Member Carlson referred to page 13, paragraph 4, and corrected the second sentence to read "I agree with the speaker who said that the City is playing a shell game by putting in developments before the roads needed to support them". Council Member Carlson referred to page 14, paragraph 1, and corrected the last sentence to read "She stated she will vote no on the rezoning and deny the project until 62nd Street is reconstructed". Council. Member O'Donnell moved to approve the August 13, 2001, City C•uncil Minutes, as amended. Council Member Reinert seconded the motion. Motion c . u mously. August 22, 2001, Council Work Session Minutes - Council paragraph 10, regarding an opinion from the City Attorne who can not subdivide until 2010. referred to page 6, sments of property owners City Attorney Hawkins advised he will contact t City ° • ministrator regarding that issue. Council Member O'Donnell moved to p»` • e ugust 22, 2001, Council Work Session Minutes, as amended. Council Member Re'. = c • e motion. Motion carried unanimously. August 27, 2001, City C - Council Member Carlson referred to page 8, paragraph 2, and corrected the thir•ffenten wo rea "She stated she was told there would be no subsidy". Council Member Carls o re" = rred to page 10, paragraph 2, and asked for clarification regarding the number of outstanding ices that remain with the Rice Creek Watershed. Council Member Carlson requested action on the August 27, 2001, City Council Minutes be delayed until the next meeting. NEW BUSINESS - None COMMUNITY CALENDAR SEPTEMBER 11, 2001 THROUGH SEPTEMBER 24, 2001: Planning and Zoning Board Meeting, Tuesday, September 11, 2001, 6:30 p.m. (Note Date Change) Council Work Session, Wednesday, September 19, 2001, 5:30 p.m. 25 COUNCIL MINUTES City Council Meeting, Monday, September 24, 2001, 6:30 p.m. SEPTEMBER 10, 2001 ADJOURN There being no further business, Council Member Dahl moved to adjourn at 11:55 p.m. Council Member Reinert seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, September 24, 2001. r, Deputy Clerk John ergesoff, Mayor Tr.i cribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 26