Minutes - Council - 02/26/2013 - Laserfiche WebLink

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Carl Janzen, 9131 178 Avenue, stated they were willing to pay the property tax but felt it should be considered as another expense and come off the top as an expense. Tim Marchiafava, 19119 Waco Street, Elk River, explained their only income generators are events held and they have no other way to create revenue. He also supported deducting property taxes from profits generated. Mr. Marchiafava pointed out that last year was their first full season and they expect they can draw more people and increase income during this upcoming second season. Mr. Janzen stated the amount being discussed will not "make it or break it" either way and if they grow as expected, it will not be a problem. He assured the Council they know that once the bridge comes in, they (Ramsey Raceway use) will be gone and knew that was the case four years ago and have no problem with that. Mr. Marchiafava suggested the lease include the standard 12 -month notice other than for the interchange construction. The Council acknowledged that if this land is empty, it generates nothing for the City and Ramsey Raceways has provided funding towards Happy Days so it was willing to consider the requested shorter term and property taxes as an expense of doing business, subject to an early termination clause for the Armstrong interchange. City Attorney Goodrich indicated staff understands the changes to be made to the lease. Motion by Councilmember Backous, seconded by Councilmember Elvig, to authorize staff to draft and execute Lease revisions with TK Entertainment to have the lease term expiration date be May 16, 2016, a twelve -month Leaser notice for early termination, a six -month notice for termination for construction of the interchange, indication this property will be taxed and TK Entertainment would be responsible for payment of taxes in addition to the rent, and that the taxes would be considered as an expense, subject to final approval as to legal form by the City Attorney. Motion carried. Voting Yes: Mayor Strommen, Councilmembers Backous, Elvig, Kuzma, LeTourneau, Riley, and Tossey. Voting No: None. 7.03: Adopt Ordinance to Amend Chapter 117 Related to Stormwater Controls and Illicit Discharges Interim Engineer Nelson reviewed the staff report and recommendation of the Planning Commission to adopt the proposed ordinance relating to stormwater management. Motion by Councilmember Riley, seconded by Councilmember Kuzma, to waive the City Charter requirement to read the Ordinance aloud and introduce Ordinance No. 13 -01 to Amend Subdivision II and add Subdivision III to Chapter 117, Article II, Division of City Code Related to Stormwater Management. City Council / February 26, 2013 Page 6 of 10