Minutes - 2005/08/22 - Laserfiche WebLink

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Mounds View City Council August 22, 2005 Regular Meeting Page 20 • explained there is some flexibility as to when it will occur but it will occur as a result of the PUD application since it is a rezoning from the Industrial zoning to a PUD. In doing a PUD, it gives the City greater flexibility in how it is developed, greater density, and preservation of wetlands and additional open spaces. Ms. Haake asked if the PUD allows more building stories. Director Ericson stated that is correct. Ms. Haake asked if the PUD has to be done before any site work or removal of trees. Director Ericson stated it will be done before "shovels are out there." Ms. Haake stated it will be a zoning ordinance change and residents can have a referendum on a rezoning. City Attorney Riggs advised there was a case in the Minnesota Court of Appeals in 2002 regarding a Best Buy project in Richfield called "Nordmarken versus the City of Richfield." The Court of Appeals has stated, this is the basic holding, that the referendum would be in conflict with State law; that State Law preempted the Charter with respect to land use issues. City Attorney Riggs stated that is the State law on the books and it is very recent. In response to Ms. Haake's question, City Attorney Riggs stated the answer would be likely no. That would not be subject to referendum and courts have ruled on it very recently, within the last three years. Ms. Haake stated there is another case study called "Denny versus Duluth" and in that case it • does state that any zoning change has got to be done by ordinance and it is a legislative act. City Attorney Riggs clarified that is not what Nordmarken found. Ms. Haake stated it is and there has to be research on that and she would be happy to hear what that research found. She stated it is her understanding that would be open to referendum as far as she understands with court cases. Duane McCarty, 8060 Long Lake Road, stated yes it has been his experience in 15 years of elected office that all zoning changes were done by ordinance and in some cases, down zoning for example, needs afour-fifths votes. He stated the Denny versus Duluth case was a Supreme Court decision, not Court of Appeals, in 1968. In that case zoning was determined to be a legislative police power act and will be subject to referendum under the City Charter. He stated the information that residents have been receiving has been very confusing and he doesn't want to go down that road so far that it can't be stopped. He stated he had attended a Rotary meeting where Medtronic presented that the City would get $169,000 a year in all fees, $43,000 a year in real estate taxes, and $46,000 a year in administrative fees. However, if this is TIF related it cannot be used in the general fund. He noted there is an $80,000 franchise fee, which the City has been trying to get rid of and to put the fee on property tax. He suggested Medtronic check with the business community who has been against that type of fee for a long time. He stated there are still many issues with this contract and he is open to a discussion with Mr. McCombs. • Ken Glidden, 5240 Edgewood Drive, stated he does not know what the commitment step