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<br />I <br /> <br />I <br /> <br />I <br /> <br />Council Meeting Minutes <br />December 26, 1989 <br /> <br />Page 7 <br /> <br />Council Business, continued <br /> <br />Being that the site is a former landfill, Braun Environmental <br />Laboratories performed extensive testing of the site for signs of <br />hazardous wastes, soil, and water contami nati on. No si gnifi cant <br />problems were found, and the MPCA reviewed the study's results and <br />would not require any cleanup activities. The terms of the City's <br />acceptance of the donated land and the purchase of the remaining <br />land would require Miller to take the land back if a contamination <br />proble~ is discovered later. <br /> <br />Purchase of the 8.6 acres of Miller property would be funded from <br />Tax Increment Districts. land acquisition is an allowable use of <br />Tax Increment funds and the existing Tax Increment Districts <br />generate sufficient revenues to pay for the purchase of the Miller <br />property without adversely affecti ng the exi sti ng Tax Increment <br />projects. When it is decided to develop the Miller property, a TIF <br />District will be formed which will capture tax increment to cover <br />the money spent to acqui re the Mi 11 er property. The Ci ty woul d <br />pursue opportunities to lease out the Miller property during the <br />interim period between its acquisition and development. This <br />revenue could be used to cover acquisition costs. <br /> <br />To begin acquisition of the Miller Property, the City must adopt a <br />resolution accepting the donation of 3.47 acres of land authorizing <br />the execution of a donation agreement which spells out the terms of <br />the acceptance of the donation. <br /> <br />After review of the donation agreement by City Attorney LeFevere, <br />paragraph three of the agreement has been eliminated. The paragraph <br />referred to the donation being made cOhditional upon the successful <br />negotiation, execution and performance of a contract for the <br />purchase of the remaining parcel. <br /> <br />Benke noted that the acceptance of the donation is not contingent <br />upon and does not commit the City to subsequent action of the <br />remaining property. <br /> <br />Gunderman confirmed that the City's ownership of the donated acreage <br />would be retained upon the Council IS decision not to purchase the <br />remaining property. Locke said the remaining property, which ;s not <br />included in the donation, has access to Old Highway 8. <br /> <br />Locke feels the portions of poor soil content woul d not ; nterfere <br />with a major development project. Larson added that the poor soil <br />content exists mainly from naturally occurring soil problems such <br />as bogs and sediment. <br /> <br />Council Business <br /> <br />Consideration of <br />Acceptance of Donation <br />of John Miller Propert <br />Report 89-313 <br />