Loading...
HomeMy WebLinkAboutAgenda Packets - 2005/10/10SIGN IN SHEET Date: PRINT NA Wei vwlZ r a Ph 3 c CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA NEW BRIGHTON CITY HALL Monday, October 10, 2005 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Gunn, Flaherty, Thomas 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS 7. JUST AND CORRECT CLAIMS 8. COUNCIL BUSINESS A. 7:05 PM: Consideration of the Medtronic CRM Preliminary Plat, Medtronic Development Stage PUD Plans, Rezoning of the Medtronic Project Area, Vacation of Excess Right of Way and Excess Easements, Wetland Alteration Permit and Calling of Bonds: 1. Public Hearing and Consideration of Resolution 6630, a Resolution Approving the Medtronic Development Stage PUD Plans. 2. Public Hearing and Consideration of Resolution 6631, a Resolution Approving the Medtronic CRM Preliminary Plat 3. Public Hearing, First Reading and Introduction of Ordinance 765, an Ordinance Vacating Excess Easements and Right of Way within the Medtronic CRM Plat. 4. Public Hearing, First Reading and Introduction of Ordinance 764, an Ordinance Rezoning the Medtronic CRM Campus from I-1, Light Industrial, to PUD, Planned Unit Development. 5. Resolution Authorizing the Preparation of a Preliminary Feasibility Report and Consultant Selection for the Extension of Public Utilities to the Medtronic CRM Development Project B. 7:10 PM: Public Hearing and Consideration of the Second Reading and Adoption of Ordinance 763, an Ordinance Authorizing the Vacation of an Excess Drainage and Utility Easement Associated with the SYSCO Addition Plat. C. Consideration of Resolution 6633, a Resolution Approving a Development Review for an 8,300 Square Foot Building at 2395 County Road 10. D. Consideration of Resolution 6634, a Resolution Approving a Minor Subdivision (Lot Line Adjustment) between 8123 Pleasant View Court and 8117 / 8119 Pleasant View Court E. Consideration of Resolution 6651, Authorizing the Layoff of Regular Full-time Golf Course Employees and Providing Severance 9. CONSENT AGENDA A. Resolution 6650 Approving 2006 SCORE Recycling Grant request to Ramsey County B. Insert to Truth In Taxation Notice C. Licenses for Approval City Council Agenda October 10, 2005 Page 2 10. APPROVAL OF MINUTES A. September 26, 2005 City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: (New Brighton City Hall) Monday, November 7, 2005 Next Council Meeting: (New Brighton City Hall) Monday, October 24, 2005 CITY OF MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY MEETING AGENDA NEW BRIGHTON CITY HALL Monday, October 24, 2005 6:30 PM 1. CALL TO ORDER 2. ROLL CALL: President Marty, Vice President Stigney, Commissioner Flaherty, Commissioner Gunn, Commissioner Thomas 3. APPROVAL OF AGENDA 4. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 5. APPROVAL OF MINUTES: 6. CONSENT AGENDA 7. EDA BUSINESS 8. REPORTS 9. NEXT EDA MEETING: 10. ADJOURNMENT CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA NEW BRIGHTON CITY HALL Monday, October 24, 2005 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE – Cub Scout Pack 367 will be doing the Pledge – Deane Niece 763-786-8187. (Adam Niece is the Dean Leader) 3. ROLL CALL: Marty, Stigney, Gunn, Flaherty, Thomas 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS 7. JUST AND CORRECT CLAIMS 8. COUNCIL BUSINESS A. Consideration of Actions Associated with the Medtronic CRM Project: a. Consideration of Resolution 6635, a Resolution Approving the Medtronic CRM Final Plat b. Second Reading and Adoption of Ordinance 764, an Ordinance Rezoning the Medtronic CRM Campus from I-1, Light Industrial, to PUD, Planned Unit Development (ROLL CALL VOTE.) c. Second Reading and Adoption of Ordinance 765, an Ordinance Vacating Excess Easements and Right of Way within the Medtronic CRM Plat (ROLL CALL VOTE.) B. Resolution XXXX Calling for Redemption of Outstanding Gross Revenue Golf Course Bonds, Series 1994A, Dated January 1, 1994. 9. CONSENT AGENDA 10. APPROVAL OF MINUTES 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: (New Brighton City Hall) Monday, November 7, 2005 Next Council Meeting: (New Brighton City Hall) Monday, November 14, 2005 CITY OF MOUNDS VIEW CITY COUNCIL WORK SESSION AGENDA Monday, November 7, 2005 7:00 p.m. ROLL CALL: Marty, Stigney, Gunn, Flaherty, Thomas PUBLIC COMMENT Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. Agenda Items Discussed by Consensus _______ 1. Council Review of the City Charter (B. Thomas recommended) _______ 2. Sister City Program _______ 3. Citizen Communication A. City Web Site Improvements B. Review Newsletter: Number of Distribution Times, Advertising, Format Editing Policy, etc. A. Automated Records System B. Discuss Revising Section 502.08 of the Mounds View City Code in regard to Public Hearing of Liquor License Renewals. _______ 4. Contract Administration A. Review Updates to the YMCA Contract (IT Services) ________ 5. Meeting Administration A. Consideration of resolution closing City Council Meetings by 11pm B. Consideration of Public Input Rules relating to City Council Meetings ________ 6. Review Personnel Policy Items A. Educational Reimbursement Amount B. Use of PW Garage by City Employees 10. Continuation of a Joint Meeting of the Economic Development Commission and the City Council regarding TIF Philosophies, Goals and Spending Priorities. 11. Tree Preservation Ordinance Item No: 8A Meeting Date: October 10, 2005 Type of Business: PH & CB Administrator Review: _________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Community Development Director Item Title/Subject: Public Hearing, Review and Consideration of Items Associated with the Medtronic CRM Planned Unit Development, 8290 Coral Sea Street; Planning Cases PD2005-002 & MA2005-002 Background: On June 27, 2005, the Mounds View City Council and Economic Development Authority authorized an agreement with Medtronic Inc. to redevelop the Bridges of Mounds View golf course. The approved development was a multi-phased project with the first phase encompassing 820,000 square feet of office space and related ancillary uses. On July 11, 2005, the City Council adopted Ordinance 760, an ordinance approving the transfer of land from the City of Mounds View to the Mounds View EDA and then subsequently to Medtronic. On August 22, 2005, the City Council approved Resolution 6581 which further authorized the sale of the Bridges site to the EDA for resale to Medtronic. At the same meeting, the City Council reviewed and approved the Medtronic Cardiac Rhythm Management (CRM) general concept plans without condition. 1. PUD Review At the October 3, 2005 worksession, the Council inquired as to the rationale for going through the PUD process. The purpose of the Planned Unit Development (PUD) process is to provide for the grouping of land parcels for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. The PUD process is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities. It is further intended that planned unit developments are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities and a harmonious selection and efficient distribution of uses. Given the visibility and prominence of the Bridges site, the PUD approach will ensure that the site is developed to be architecturally noteworthy and context sensitive from an environmental standpoint. Discussion Opus Architects & Engineers have submitted the detailed site plans, surveys and preliminary plat for this second stage of the PUD process. The plans are date-stamped September 9, 2005. In addition to these plan sheets, the Council was provided with 11 x 17 reduced color versions of Sheets A3.0 and A3.1, the Elevation and Perspective Sheets, as well as the site plan. Medtronic Review October 10, 2005 Page 2 What has changed? As was indicated at the worksession meeting, the development stage plans for the Medtronic CRM PUD have been revised from the general concept plans reviewed on August 22. The concept plan identified four distinct buildings in a pin-wheel orientation tied together by a two- story atrium-like commons area. While there remain four distinct eight-story buildings, these are now all oriented in an east-west fashion to enhance environmental sustainability. The first two phases would be linked together by stacked corridors and meeting rooms 60 feet wide except at the main level where the connective space is 180 feet wide. The first phase would be connected to the parking ramp north of the buildings at the ground level, where the daycare and service areas would be located. The parking plan remains the same, in that Phase 1 would include a three-story structured ramp to the north and the 900 surface stalls near the building entrance. Phasing Schedule The Council is considering the full build-out of the Medtronic CRM project, which will be constructed in three phases. The current development agreement does not address the timing of the future phases—construction of Phase 2 and 3 would occur solely dependent upon Medtronic’s growth and internal needs. (Phasing of a project is permitted regardless of whether or not the project was presented as a planned unit development.) If subsequent phases are developed in accordance with the requirements and conditions of the governing Council authorization, no further planning action would be necessary to construct Phase 2 and 3, unless changes to the footprint and design would warrant review and re-approval by the Planning Commission and City Council. Table 1. Building and Parking Phasing. Building Space Parking spaces Phase 1 2 buildings connected by Commons/atrium area 820,000 square feet total 2,100 structured stalls 900 surface stalls Phase 2 1 additional building 380,000 more square feet 1,400 more structured stalls by adding two more levels onto Phase 1 parking structure Phase 3 1 additional building 300,000 more square feet 1,600 structured stalls in four level ramp Å located in Blaine Total at full Build out 1,500,000 square feet in four connected buildings 6,000 structured and surface parking stalls, two parking structures Setbacks The buildings are set back a minimum of 40-feet from the periphery lot line, which is consistent with the minimum requirements within a PUD. The buildings will be no closer than 80 feet to Highway 10 and 60 feet to Coral Sea Street and 82 Lane NE. The Phase 1 parking ramp will be set back 100 feet from Coral Sea Street to preserve an existing stand of mature Scarlet Oak trees. The parking lot / ramp along 82 Lane NE will be set back 40 feet. Medtronic Review October 10, 2005 Page 3 Building Design The building will be constructed of precast concrete wall panels with horizontal and vertical reveals. The base of the building will have a decorative or specialty stone base. The rooftop utilities will be hidden from view by metal panel screens to match the color scheme of the building. These rooftop mechanical aprons and elevator penthouses will be inwardly set back from the edge of the building by as much as thirty feet to reduce their visibility. The facade will be dominated by a series of reflective one-inch thick vision glass windows set in prefinished thermal break frames. The first floor of the building will have a 20-foot sidewall height while all subsequent floors will be at a 15-foot height except the top floor which will be 17 feet. The total building height, including the roof-mounted equipment, will be 140 feet. Figures 1 and 2 below illustrate the proposed building perspective and elevation, respectively. Figure 1. Building Perspective Medtronic Review October 10, 2005 Page 4 Figure 2. Building Elevation Traffic and Circulation Medtronic is proposing a small round-about at the access to the parking ramp to help coordinate and channel traffic to the site. A second larger round-about is planned at the primary entrance to the facility with a small, separate pull out for child care pick-up and drop off. The buildings will be encircled by a twenty-foot wide fire access road with a service spur to the back of the building for service and deliveries. In this area as well there is another small round-about to help govern the flow of traffic. The surface parking area will take access from 82nd Lane NE. The parking ramp will be accessed from Coral Sea Street with the service road north and west of the ramp. Offsite, many improvements are planned to coordinate traffic to and from the site and the local and regional transportation systems. These improvements, articulated in Attachment A to this report, will be completed by October of 2007 and ready by the time Phase 1 is completed and ready for occupancy. The most important of the improvements involve the replacement of the bridge over Interstate 35W. Currently at a two-lane width, the new bridge would allow for four through lanes of traffic with additional space for turning lanes. The bridge would be long enough to accommodate future expansions of 35W. The other significant improvement will be the signalization of the Coral Sea Street and County Road J intersection. Coral Sea Street south of County Road J to the site will be reconstructed and widened to four lanes of traffic with a turning lane. The north leg of Coral Sea Street, currently offset from the south leg, will be connected at the intersection as an additional enhancement. Medtronic Review October 10, 2005 Page 5 Landscape Plan The City Forester has been provided a copy of the Landscape Plan which is illustrated on Sheet S-1, PUD Site Plan. City Forester Wriskey indicates the variety and locations of plantings are satisfactory but cautions that plantings in parking lot islands and infiltration swales could become damaged during winter months if care is not exercised while plowing the parking lot. Mr. Wriskey will work directly with the landscape planner and contractor to monitor installation. Trail System Consistent with their other locations, the Medtronic plans identify a system of trails for employee usage. Much of the existing golf course trail system will be preserved and tied back to the facility, including the boardwalk through the primary wetland. The trails are shown on the site plan below. While not a part of this plan, the City intends to explore construction of a separate trail system within the Sysco Outlot area which residents, Medtronic employees, Sysco employees or any other workers in the area could utilize. Figure 3. Site Plan Medtronic Review October 10, 2005 Page 6 Stormwater and Wetlands Management Page C13 of the plans illustrates the Wetland Mitigation plan and identifies all stormwater ponds to serve the development. All runoff and necessary mitigation will be contained and captured on site. Only one wetland in the project area will be impacted, that being the area labeled 1B alongside the Phase 1 parking ramp. The other area, while identified as a wetland, is the present location of Judicial Ditch #1. The ditch will be relocated away from the building alongside Highway 10 with a wider, more natural, meandering channel. (The site plan on the previous pages illustrates the new ditch location.) The Rice Creek Watershed District board of commissioners reviewed the ditch realignment at their meeting on September 28, 2005 and were supportive. Presently, there are 25 acres of wetlands and ponds on the site. Two new stormwater ponds will be created and an existing pond expanded to accommodate the run off on site. The Rice Creek Watershed District will review the full stormwater management permit at their upcoming meeting on October 26, 2005. Utilities The golf course site is presently served by the City of Blaine for water and sanitary services. For this project, as articulated in the Purchase Agreement and Contract for Private Development, the City will install a new sanitary and a looped water service under Highway 10 for Medtronic. While there had been some discussion about using Blaine’s water supply for fire suppression purposes, a utility feasibility report will be conducted to determine and ascertain (among other things) whether the Blaine services will be utilized. Regardless of the provider, the water main will be looped around the building with fire hydrants spaced per fire code regulations. The sanitary lines will run parallel to the building on the west and east elevations. Storm sewers will be constructed to serve the site with catch basins located along the fire access road and in the surface parking lot. The storm sewers will drain into the two stormwater ponds on either side of the building with all utilities installed underground. Lighting The lighting plan and photometric analysis was provided to staff on October 4, 2005. The footcandle readings fall with acceptable ranges as outlined in Section 1103.09 of the Zoning Code. The parking lots will be illuminated with a series of 250 watt and 400 watt metal halide lamps fully hooded and downcast to prevent any glare and light spillage. The parking lot light standards will have a pole height of 30 feet and the pedestrian light standards will be 14 feet tall with decorative fixtures similar to those on Edgewood Drive adjacent to City Hall and the Community Center. Signage A sign plan has not yet been submitted for review. The resolution will include a requirement that all signage be code compliant unless otherwise permitted or authorized by the PUD Document. Given the extensive frontage along Highway 10, more than one ground sign may be constructed which would be consistent with Section1008.10 of the Sign Code. The Sign Code does not place a maximum square footage on ground signs in a PUD, the code expressly defers to the PUD narrative document. Staff will work with Medtronic to allow for a gateway sign to be located on Medtronic property near 35 W and Highway 10. Medtronic Review October 10, 2005 Page 7 PUD Evaluation Criteria The City Code highlights certain criteria which need to be satisfied to qualify for PUD development stage approval. The criteria, along with responses, are shown below: (1) Adequate property control is provided to protect the individual owner's rights and property values and the public responsibility for own maintenance and upkeep. The City has entered into a development agreement with Medtronic and have agreed to all terms, conditions and provisions regarding the sale of the property. (2) The interior circulation plan plus access from and onto public rights of way does not create congestion or dangers and is adequate for the safety of the project residents and the general public. The City authorized an Alternative Urban Areawide Review (AUAR) in 2004 to examine the potential impacts and the maximum development potential of the site. The transportation impacts were reviewed and a mitigation plan prepared in response. The transportation improvements have received funding and the preparations are already underway to allow for a completion date of September 2007. Access to the site will be gained from two controlled (signalized) intersections on County Road J. Freeway access can be achieved at either Highway 10 or 35W. Other than the fire access road, there will be no vehicle access internal to the site. (3) A sufficient amount of usable open space is provided. There will be significant open space preserved on the site. In addition to the 25 acres of ponds and wetlands, much of the east side of the project area will be maintain as a natural area with seasonally cut meadows, prairie grasses and wildflowers. Altogether, including the Blaine land, 60 of the 85 acres, or 71% or the land area, is greenspace. (4) The arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy or property values of the surrounding residential uses. The only nearby residential areas are those to the south of Highway 10. The buildings will be more than 400 feet from the residential land to the south and southwest, separated by the freeway. The Medtronic development will not adversely impact these residential parcels. (5) The architectural design of the project is compatible with the surrounding area. The design of the proposed Medtronic building will likely be more extensive than of the surrounding office and industrial buildings. While definitely more significant than the other buildings in the area, the design will not be out of character or inconsistent with the other uses. Medtronic Review October 10, 2005 Page 9 (6) The drainage and utility system plans are submitted to and subject to the approval of the Director of Public Works/City Engineer. The drainage and utility system plans are being reviewed by Mounds View’s public works department and will be reviewed by Bonestroo Rosene Anderlik and Associates. In addition, Rice Creek Watershed District engineers will be reviewing the plans and will be making a recommendation to the watershed district’s Board of Commissioner’s regarding the wetland mitigation plans. The City Council will be considering the Wetland Alteration Permit in October. (7) The development schedule insures a logical development of the site which will protect the public interest and conserve land. The site will be developed in three phases—the first phase will include 820,000 square feet of office space in two eight-story buildings connected by skywalks and conference rooms. The parking for phase one will be provided in two areas—a three story ramp of 2100 stalls and a surface lot of 900 stalls. Phases two and three are logically planned for future development as dictated by the needs of Medtronic. (8) The development is in compliance with the requirements of Chapter 1010 and Titles 1200 and 1300 of this Code. Chapter 1010 of the Municipal Code relates to wetlands and wetland zoning. The development impacts a portion of one small wetland which will be mitigated to RCWD standards. Mitigation will also be provided for the relocated judicial ditch, which was identified as a wetland type area by RCWD engineers. Medtronic has applied for a permit consistent with the requirements and standards of Chapter 1010 which the Council will consider in October. Title 1200 refers to subdivisions and is addressed later in this report. Title 1300 relating to Flood Plain management will be addressed by Rice Creek Watershed District and the City’s consulting engineer prior to consideration of the wetland alteration permit. (9) Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned. There are no residential uses associated with this planned unit development. Accessory uses will be allowed and permitted which would be consistent with and supportive of the extensive workforce employed at this site. Accessory uses may include a day care facility, café, restaurant, dining area, education, retail, fitness area and a ballroom to support the primary office and lab space. Snow Storage The design of the Medtronic project on the site provides for numerous areas in which snow may be collected during winter months. The City Forester cautions that landscaping be planted with some forethought as to snow plow routes and snow storage. Medtronic will be responsible for snow removal from the site if the available parking spaces are insufficient to satisfy the daily needs of the facility. Medtronic Review October 10, 2005 Page 9 Municipal Coordination OPUS and Medtronic will be presenting their site plans and preliminary plat to the City of Blaine on October 11 and October 20. Blaine will need to approve any redesign of Coral Sea Street and 82 Lane NE as they are Blaine streets. Blaine has been supportive of the Medtronic development plans and improvements to County Road J and the bridge over 35W. Future Transportation Issues The City authorized the preparation of an Alternative Urban Areawide Review (AUAR) of the Bridges site to explore the maximum development potential of the project area. The AUAR includes a mitigation plan based on a full build-out of 1,500,000 square feet of office space which identified the existing and future transportation deficiencies. The transportation improvement plan is being prepared and the improvements will be completed at the same time or before Phase 1 completion. An update to the transportation mitigation plan will be necessary before construction of subsequent phases can be undertaken. Preliminary Plat Issues The Medtronic CRM preliminary plat, date stamped October 5, 2005, was prepared by E. G. RUD & Sons, Inc. The plat proposes six distinct lots in one block. The lot layout is summarized in the table below. Copies of the Medtronic CRM preliminary plat have been provided to the City’s public works department, the City Attorney and Ramsey County. Ramsey County will forward copies of the plat to MnDOT. Table 2. Lot Layout. Lot Proposed Usage Lot Area (acres / sq. ft.) Lot 1 Phase 1 Parking Ramp 13.93 acres 606,720 sq. ft. Lot 2 Phase 1 820,000 sq. ft. 14.46 acres 630,000 sq. ft. Lot 3 Phase 2 380,000 sq. ft. 3.78 acres 164,826 sq. ft Lot 4 Phase 3 300,000 sq. ft 3.07 acres 133,516 sq. ft Lot 5 Blaine lots, parking areas 15.83 acres 689,453 sq. ft. Outlot A Wetlands, ponds, mitigations areas 34.20 acres 1,489,701 sq. ft. Total area:85.27 acres 3,714,216 sq. ft Medtronic Review October 10, 2005 Page 10 The Medtronic CRM plat has been updated to show proposed easements associated with the Medtronic CRM subdivision, to which Staff proposes minor changes as follows: 1. The easement over the Met Council sanitary sewer interceptor may not be vacated. 2. All of Outlot A shall be protected by public drainage and utility easement. 3. The periphery easement on Lot 3 shall be widened from ten feet to 40 feet. The easements to be vacated are shown on the page labeled Sketch and Description showing Existing Easements to be Vacated. These described areas (with the exception of identified parcel 7 which is the Met Council interceptor) are the easements are rights of way proposed for vacation via Ordinance 765. Right of Way No internal road system will be needed with this development and no right of way will be platted with the exception of the northernmost point of the project area abutting Coral Sea Street where the proposed round-about would encroach into proposed Lot 1. Given that public traffic will be conveyed through this area, it is recommended that the preliminary plat be revised to show the area as dedicated right of way rather than a simple access easement. There is excess right of way shown on the page labeled “Sketch and Description showing Existing Easements to be Vacated” proposed for vacation: Ardan Avenue, Edgewood Drive and Jackson Drive. These rights of way were originally platted with the Laport Meadows subdivision from the 1940s yet were never improved. According to the City Charter, excess right of way (as well as any excess easement) is vacated by ordinance. Ordinance 765 will accomplish the proposed vacations. Park Dedication Fees Consistent with and as articulated in the Purchase Agreement and Contract for Private Development, a park dedication fee in the amount of $865,000 is applicable with this subdivision of land. Ordinarily the City will assess a fee of either five or ten percent of the land value (less improvements) as determined by the Ramsey County Assessor. The 2006 County assessed valuation of the land being subdivided is $7,500,000. Assuming a ten percent dedication, the City would have received a dedication of $750,000. In this case, the dedication was agreed upon during the contract negotiations based on the purchase price of the land. The dedication fee will be paid at the time of building permit application. Comprehensive Plan Consistency The division of land as proposed by the preliminary plat would be consistent with the Comprehensive Plan, as amended by the City Council and approved by the Metropolitan Council. The Future Land use Map designates this land as “Office” which is the use planned with this subdivision. Medtronic Review October 10, 2005 Page 11 3. Rezoning With the general concept plans for the Medtronic Planned Unit Development approved, the City must consider a rezoning of the project area from the existing Light Industrial (I-1) designation to Planned Unit Development (PUD). Typically this is done at the development stage of the PUD process consistent with the final Council approval of the site plans. The City Code requires that the Planning Commission examine potential adverse effects associated with a proposed rezoning by addressing five questions. The questions, along with their responses, are as follows: (1) Relationship to Municipal Comprehensive Plan. The rezoning to PUD would be consistent with the Comprehensive Plan in that the City Council recently authorized an amendment to the future land use map from Outdoor Sport Recreation and Passive Open Space to Office. While the current Light Industrial zoning of the site is consistent with the Office designation, the PUD zoning would provide greater flexibility, clustering of buildings, open space preservation and staging of the development along with the added protection of a very specific set of land-use requirements articulated in the PUD document. (2) The geographical area involved. The area is located north of Highway 10 and west of Interstate 35W, effectively detached from the rest of the community. A 46-acre wooded natural area is adjacent to the site to the west with developed industrial uses to the north. Nearly sixteen acres of the project area are in the City of Blaine, the rezoning action being considered would not extend into Blaine as Mounds View does not have zoning jurisdiction in other communities. (3) Whether such use will tend to or actually depreciate the area in which it is proposed. The current Ramsey County assessed valuation for the project area is set at $7.5 million. Currently the site generates no taxes and does not contribute to County and school district tax collections. After the sale of land, the area would immediately become taxable and it is anticipated the County will establish a valuation in excess of current levels. Taxes would be payable to all taxing jurisdictions on the base value of the land. After the first phase of the project has been constructed, taxes would be paid on the value of the land and the improvements, the value of which will likely exceed $75,000,000. For these and other reasons, the rezoning will not depreciate the area in which it is proposed. (4) The character of the surrounding area. The surrounding area is predominately industrial, with industrial buildings, industrial uses, offices and other accessory industrial features such as outdoor heavy equipment parking and storage, loading docks, shipping and receiving terminals bordered by freeways and a busy county road. The proposed rezoning will allow for a corporate office campus Medtronic’s Cardiac Rhythm Management division. Medtronic Review October 10, 2005 Page 12 (5) The demonstrated need for such use. The need has been demonstrated by more than a year of discussions and negotiations between the City and Medtronic, discussions and negotiations between the City and the legislature, between the City and various state agencies and has been expressed in a year of discussion and cooperation between the City and the counties or Ramsey and Anoka, and the cities of Blaine and Shoreview, all of who are supportive of this project. Adverse Effects Summary: Staff and the Planning Commission, by virtue of their resolution recommending approval of the rezoning, would submit that there are no compelling adverse effects associated with this project, and any impacts resulting from the proposed development will be or have been mitigated to the satisfactory approvals of all governing agencies, including the Met Council, the Department of Natural Resources, the Minnesota Department of Transportation, the Rice Creek Watershed District, the Federal Highway Administration and the Federal Aviation Administration. Planning Commission Action: The Planning Commission reviewed and considered the development stage plans, the preliminary plat and proposed rezoning at their meetings on September 21, 2005 and again on October 5, 2005. Their resolution of approval is attached for the Council’s reference. Recommendation: Based upon all of the above information, the supporting plans and documentation associated with this request, staff and the Planning Commission recommends the City Council open the public hearing and take testimony from staff, the applicants, residents and other interested parties and then consider the following actions: 1. Approve the Medtronic CRM development stage plans. Resolution 6630 is attached for the Council’s consideration. 2. Approve the Medtronic CRM preliminary plat. Resolution 6631 is attached for the Council’s consideration. Along with the resolution approving the preliminary plat, Ordinance 765 which vacates the excess easements and right of way associated with the Medtronic plat has been prepared and is available for introduction and first reading. 3. Introduce and approve the first reading of Ordinance 764, an ordinance rezoning the Medtronic CRM campus from I-1, Light Industrial, to PUD, Planned Unit Development. If anyone should have questions regarding this report or the plans which you already have in your possession, please do not hesitate to contact me at 763-717-4021. Respectfully submitted, Jim Ericson Community Development Director Zoning Map MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 815-05 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE MEDTRONIC DEVELOPMENT STAGE PLANS, THE MEDTRONIC CRM PRELIMINARY PLAT AND THE REZONING OF THE PROJECT AREA FROM LIGHT INDUSTRIAL TO PLANNED UNIT DEVELOPMENT; PLANNING CASES PD2005-002 AND MA2005-02 WHEREAS, Medtronic, Inc., has submitted an application for a Planned Unit Development (PUD) for an 1,500,000 square foot corporate office campus on 72 acres of land and is requesting approval of the PUD development stage plans; and, WHEREAS, Medtronic, Inc., has submitted an application for a Major Subdivision of the project area to support the requested Planned Unit Development; and, WHEREAS, the land to be developed by Medtronic represents the City’s Bridges Golf Course located north of Highway 10 and west of Interstate 35W at 8290 Coral Sea Street, legally described as follows: Refer to Exhibit A WHEREAS, the City Council held a duly noticed public hearing on August 22, 2005 and at this meeting approved the general concept plans for the Medtronic PUD; and, WHEREAS, the Mounds View Planning Commission has reviewed Chapter 1120 of the Mounds View Municipal Code pertaining to planned unit developments; and, WHEREAS, the Mounds View Planning Commission has reviewed Chapter 1120 and Title 1200 of the Mounds View Municipal Code relating to PUDs and subdivisions of land, respectively; and, WHEREAS, The Mounds View Planning Commission has reviewed the development stage plans and preliminary plat date-stamped September 9, 2005, relative to this request. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission, recognizing that the general concept plans have been approved, makes the following findings of fact related to the Medtronic development stage plans, preliminary plat and rezoning request: 1. The development stage plans are consistent with the approved general concept stage plans. 2. The development stage plans satisfy all codes, requirements and regulations. Resolution 815-05 Page 2 3. The Medtronic project is a staged development—no further review will be required of subsequent phases so long as they remain consistent with the approved plans. 4. An extensive amount of natural areas, wetlands, woods, ponds and open space is preserved in the development area. 5. The City Forester has reviewed and supports the landscape plan as presented. 6. The Federal Aviation Administration (FAA) has consented to the proposed building heights of 140 feet. 7. The proposed development is consistent with the Comprehensive Plan. 8. The Medtronic CRM preliminary plat satisfies all requirements of Title 1200 relating to land subdivisions. 9. The proposed rezoning is consistent with the Comprehensive Plan and will not cause or generate adverse effects to adjoining property owners or the community in general. 10. As addressed in the Bridges Office Park AUAR, a mitigation plan was adopted to address transportation and traffic deficiencies resulting from the development with preparations for the improvements already underway as illustrated in Exhibit B. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission takes the following actions relating to the Medtronic CRM development: 1. Recommendation of approval of the development stage plans date-stamped September 9, 2005 for the Medtronic PUD subject to the following conditions: a. The applicant or applicant’s representatives shall prepare and submit a detailed light plan with exterior fixture specifications, light standard heights and a photometric analysis. b. The plans shall be revised to show areas set aside for snow storage. c. Accessory storage structures, while none are shown on the plan, shall be allowed consistent with provisions of Title 1000 and Title 1100 of the Mounds View Municipal Code. d. The applicant shall request and obtain approval for all proposed work to occur in the City of Blaine. e. The applicant shall execute a development agreement relating to the project and a PUD Narrative document outlining the specific requirements associated with the project. f. The transportation improvements as outlined in Exhibit B shall be completed and fully operational prior to a certificate of occupancy (CO) being issued for Phase 1 of the project. Resolution 815-05 Page 3 2. Recommendation of approval of the Medtronic CRM preliminary plat date- stamped September 9, 2005 and associated easement and right of way vacations subject to the following conditions: a. The preliminary plat shall be revised to show a perimeter drainage and utility easement and easements over all ponds, wetlands, mitigation areas and drainage conveyances. b. Legal descriptions shall be prepared by the applicant or applicant’s representative for those areas proposed to be vacated. c. The applicant shall seek and gain approval from the City of Blaine regarding the preliminary plat, specifically, proposed Lot 4. d. The applicant shall execute a subdivision agreement as required by Section 1202.05 of the Subdivisions regulations. The terms of such an agreement may be incorporated within the development agreement referred to in condition 1e above. 3. Recommendation of approval of the proposed rezoning of the project area within the City of Mounds View from Light Industrial to Planned Unit Development as consistent with the Comprehensive Plan. BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 5th day of October, 2005. _______________________________________ Gary Stevenson, Chairperson ATTEST: ____________________________________ Jim Ericson, Community Development Director (SEAL) EXHIBIT A – Medtronic PUD Legal Description Parcel 1: Outlot A and Lot 4, Block 1, North Star Industrial Park 2nd Addition, according to the recorded plat thereof; and situate in Ramsey County, Minnesota. Parcel 2: Lot 16, Block 2, North Star Industrial Park, except the easterly 40 feet thereof, according to the recorded plat thereof, and situate in Ramsey County, Minnesota. Parcel 3: That part of Tract A described below: Tract A. The South Half of the Northeast Quarter of Section 5, Township 30 North, Range 23 West, Ramsey County, Minnesota, which lies northerly and westerly of the following described line: Commencing at the center of said Section 5; thence north on an azimuth of 359 degrees 23 minutes 10 seconds (azimuth oriented to Minnesota State Plane Coordinate System) along the north and south quarter line of said Section 5 for 781.42 feet to the point of beginning of the line to be described; thence on an azimuth of 108 degrees 12 minutes 41 seconds, 231.14 feet; thence on an azimuth of 98 degrees 27 minutes 03 seconds, 1486.78 feet; thence run northeasterly for 447.16 feet on a non- tangential curve, concave to the northwest, having a radius of 720 feet, a delta angle of 35 degrees 35 minutes 02 seconds and a chord azimuth of 76 degrees 55 minutes 11 seconds; thence on an azimuth of 59 degrees 07 minutes 40 seconds, 192.89 feet; thence run northerly 398.14 feet on a non-tangential curve concave to the northwest, having a radius of 850 feet; a delta angle of 26 degrees 50 minutes 15 seconds and a chord azimuth of 29 degrees 26 minutes 05 seconds; thence on an azimuth of 16 degrees 00 minutes 57 seconds, 303.65 feet to the north line of said Tract A and there terminating; Parcel 4: Lots 1, 2, 3, 4, 13, 14 and 15, Block 1 and Lots 1, 2, 3, Lot 4 except the South 60 feet and Lot 5 except the South 222.2 feet, Block 2, Laport Meadows, according to the recorded plat thereof, and situate in Ramsey County, Minnesota, except those portions which lie southwesterly of a line run parallel with and distant 100 feet northeasterly of the following described line: Beginning at a point on the west line of Section 5, Township 30 North, Range 23 West distant 688.09 feet south of the northwest corner thereof; thence run southeasterly at an angle of 142 degrees 35 minutes 45 seconds with said west section line for 1278.48 feet; thence deflect to the left on a 03 degrees 00 minute curve (delta angle 33 degrees 39 minutes 25 seconds) for 1121.90 feet; thence on a tangent to said curve for 1100.00 feet and there terminating. (These legal descriptions do not include parcels in Blaine.) County Road J Improvement Project About the Project Ramsey County, in cooperation with the cities of Mounds View, Blaine, Shoreview, Anoka County, and Mn/DOT, along with its consultant, Short Elliott Hendrickson Inc. (SEH), is conducting roadway design work to improve County Road J (85th Avenue NE). The limits of this much needed transportation project extend from approximately Airport Road (93rd Lane NE) on the west to Rice Creek Parkway/Naples Street on the east. The proposed improvements consist of: z Widening County Road J to accommodate a continuous four-lane divided roadway with a raised center concrete median z Replacing the narrow two-lane bridge over I-35W with an expanded four-lane bridge with turn lanes z Installing two additional traffic signals z Adding left and right turn lanes at public street intersections z Intersection improvements z Modifications to driveways and access points z Constructing a continuous pedestrian path along the roadway Based on preliminary technical analysis completed by the project partners, a conceptual design for the proposed roadway improvements was recommended (shown below). Improvements are needed to increase both capacity and safety. The current two-lane bridge at I-35W and the absence of turn lanes along County Road J cause congestion and traffic conflicts. The frequency and severity of these problems will continue to grow as Medtronic office facilities and other planned commercial and residential developments are completed. The proposed improvements will safely accommodate traffic volumes anticipated at full build-out of properties served within the corridor. The following graphic and paragraphs describe the recommended improvements in more detail: Exhibit B Click to view larger view of this image 1. County Road J will be widened from approximately Airport Road (93rd Lane NE) on the west to Rice Creek Parkway/Naples Street on the east to accommodate a continuous four-lane divided roadway with a raised center concrete median. 2. The northbound I-35W exit ramp will be widened to accommodate additional turn lanes at the ramp terminal. Furthermore, the existing temporary traffic signal will be replaced with a permanent full traffic actuated control signal system. 3. The bridge over I-35W will be reconstructed and will be widened and lengthened to accommodate four through lanes, left and right turn lanes and a pedestrian path. 4. The I-35W Service Road intersection will be improved to accommodate additional turn lanes at all intersection approaches. Other improvements will include the construction of a raised median for the northern and southern approaches and the replacement of the existing temporary traffic signal with a permanent full traffic actuated signal control system with protected left turn phasing. 5. A pedestrian path will be constructed along County Road J throughout the entire project area. 6. The County Road J and Coral Sea St. intersection will be reconstructed into a single full access intersection. The proposed intersection improvement will require a minor realignment of the northern approach. Furthermore, a new full traffic actuated signal control system with protected left turn phasing will be installed at the intersection. 7. A modified full traffic actuated signal control system will be installed at the County Road J and Xylite St. intersection. 8. The existing four-lane undivided bridge over Highway 10 will remain in-place. 9. The County Road J and Airport Road (93rd Lane NE) intersection will be improved to accommodate additional lanes and a pedestrian path. Modifications to the traffic signal will occur at the intersection. 10. The northbound and southbound lanes of Airport Road between County Road J and the south ramp terminal will be widened to accommodate additional traffic lanes. 11. The eastbound Highway 10 exit ramp at Airport Road will be widened to accommodate a new right turn lane. Furthermore, a new full traffic actuated signal control system will be installed at the ramp terminal intersection. 12. A free-right turn lane to the access ramp onto westbound Highway 10 will be constructed on the northbound lanes of Airport Road. Previous Page Get Adobe Acrobat Reader Exhibit B Service DriveEdison Street NEXylite Street NECounty Road J E B T H 1 0 W B T H 1 0Airport Roadfeetscale 800 8000 SCALE: 1" = 800’ PROPOSED ROADWAY PROPOSED SHOULDER, PAVED RAISED MEDIANS, CURBS LEGEND PROPOSED BRIDGES PROPOSED WALK / TRAIL Rice Creek PkwyLake Driv eNB I-35WSB I-35WCoral Sea StreetI-35W Service DriveNaples StreetBridges Golf Course 12 11 10 9 8 7 6 5 4 3 2 1 Preliminary Layout Subject to Change Preliminary Layout Subject to Change Preliminary Layout Subject to Change Exhibit B RESOLUTION NO. 6630 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE MEDTRONIC CRM DEVELOPMENT STAGE PLANS; PLANNING CASE PD2005-002 WHEREAS, Medtronic, Inc., has submitted an application for a Planned Unit Development (PUD) for an 1,500,000 square foot corporate office campus on 72.2 acres of land and is requesting approval of the PUD development stage plans; and, WHEREAS, the land to be developed by Medtronic represents the City’s Bridges Golf Course located north of Highway 10 and west of Interstate 35W at 8290 Coral Sea Street, legally described as follows: Refer to Exhibit A WHEREAS, the City Council held a duly noticed public hearing on August 22, 2005 and at this meeting approved the general concept plans for the Medtronic PUD; and, WHEREAS, the City Council held a duly noticed public hearing on October 10, 2005 and at this meeting reviewed and considered the development stage plans date-stamped September 9, 2005; and, WHEREAS, the City Council has reviewed Chapter 1120 of the Mounds View Municipal Code pertaining to planned unit developments; and, WHEREAS, the Mounds View City Council has received a recommendation of approval from the Mounds View Planning Commission as evidenced by Resolution 815-05. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the Medtronic development stage plans: 1. The development stage plans are consistent with the approved general concept stage plans. 2. The development stage plans satisfy all codes, requirements and regulations. 3. The Medtronic project is a phased development—with the exception of updating the transportation mitigation plan, no further review will be required of subsequent phases so long as they remain consistent with the approved plans. 4. An extensive amount of natural areas, wetlands, woods, ponds and open space is preserved within the development area. 5. The City Forester has reviewed and supports the landscape plan as presented. 6. The Federal Aviation Administration (FAA) has consented to the proposed building heights of 140 feet. 7. The proposed development is consistent with the Comprehensive Plan. Resolution 6630 Page 2 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View City Council approves the development stage plans date-stamped September 9, 2005 for the Medtronic CRM planned unit development subject to the following conditions: 1. The plans shall be revised to show areas set aside for snow storage. 2. Accessory storage structures, while none are shown on the plan, shall be allowed consistent with provisions of Title 1000 and Title 1100 of the Mounds View Municipal Code. 3. The applicant shall request and obtain approval for all proposed work to occur in the City of Blaine. 4. The applicant shall execute a PUD Narrative document outlining the specific requirements associated with the project. 5. The Phase 1 transportation improvements identified in the AUAR Mitigation Plan shall be completed and fully operational prior to a certificate of occupancy (CO) being issued for Phase 1 of the project. The mitigation plan will need to be re- approved prior to subsequent phase build-outs. Adopted this 10th day of October, 2005. _______________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) EXHIBIT A – Medtronic PUD Legal Description Parcel 1: Outlot A and Lot 4, Block 1, North Star Industrial Park 2nd Addition, according to the recorded plat thereof; and situate in Ramsey County, Minnesota. Parcel 2: Lot 16, Block 2, North Star Industrial Park, except the easterly 40 feet thereof, according to the recorded plat thereof, and situate in Ramsey County, Minnesota. Parcel 3: That part of Tract A described below: Tract A. The South Half of the Northeast Quarter of Section 5, Township 30 North, Range 23 West, Ramsey County, Minnesota, which lies northerly and westerly of the following described line: Commencing at the center of said Section 5; thence north on an azimuth of 359 degrees 23 minutes 10 seconds (azimuth oriented to Minnesota State Plane Coordinate System) along the north and south quarter line of said Section 5 for 781.42 feet to the point of beginning of the line to be described; thence on an azimuth of 108 degrees 12 minutes 41 seconds, 231.14 feet; thence on an azimuth of 98 degrees 27 minutes 03 seconds, 1486.78 feet; thence run northeasterly for 447.16 feet on a non- tangential curve, concave to the northwest, having a radius of 720 feet, a delta angle of 35 degrees 35 minutes 02 seconds and a chord azimuth of 76 degrees 55 minutes 11 seconds; thence on an azimuth of 59 degrees 07 minutes 40 seconds, 192.89 feet; thence run northerly 398.14 feet on a non-tangential curve concave to the northwest, having a radius of 850 feet; a delta angle of 26 degrees 50 minutes 15 seconds and a chord azimuth of 29 degrees 26 minutes 05 seconds; thence on an azimuth of 16 degrees 00 minutes 57 seconds, 303.65 feet to the north line of said Tract A and there terminating; Parcel 4: Lots 1, 2, 3, 4, 13, 14 and 15, Block 1 and Lots 1, 2, 3, Lot 4 except the South 60 feet and Lot 5 except the South 222.2 feet, Block 2, Laport Meadows, according to the recorded plat thereof, and situate in Ramsey County, Minnesota, except those portions which lie southwesterly of a line run parallel with and distant 100 feet northeasterly of the following described line: Beginning at a point on the west line of Section 5, Township 30 North, Range 23 West distant 688.09 feet south of the northwest corner thereof; thence run southeasterly at an angle of 142 degrees 35 minutes 45 seconds with said west section line for 1278.48 feet; thence deflect to the left on a 03 degrees 00 minute curve (delta angle 33 degrees 39 minutes 25 seconds) for 1121.90 feet; thence on a tangent to said curve for 1100.00 feet and there terminating. (These legal descriptions do not include parcels in Blaine.) RESOLUTION NO. 6631 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE MEDTRONIC CRM PRELIMINARY PLAT PLANNING CASE MA2005-002 WHEREAS, Medtronic, Inc., has submitted an application for a Major Subdivision to re- plat the 85.27 acres land associated with the Medtronic CRM project area and is requesting approval of the Medtronic CRM Preliminary Plat date-stamped October 5, 2005 prepared by E. G. Rud and Sons, Inc.; and, WHEREAS, the land to be subdivided by Medtronic represents the Mounds View Bridges Golf Course located north of Highway 10 and west of Interstate 35W at 8290 Coral Sea Street, and adjoining parcels in the city of Blaine, all legally described as follows: Refer to Exhibit A WHEREAS, the conditions and requirements regarding the proposed sale of real property from the City and the EDA to Medtronic are fully addressed in the Purchase Agreement and Contract for Private Development as executed by the parties on August 31, 2005; and, WHEREAS, the City Council held a duly noticed public hearing on October 10, 2005 regarding the Medtronic CRM preliminary plat; and, WHEREAS, the City Council has reviewed Title 1200 of the Mounds View Municipal Code pertaining to subdivisions of land; and, WHEREAS, the Mounds View City Council has received a recommendation of approval from the Mounds View Planning Commission as evidenced by Resolution 815-05. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the Medtronic CRM preliminary plat: 1. The preliminary plat date-stamped October 5, 2005 is consistent and complies with the City’s subdivision regulations as articulated in Title 1200. 2. The submitted preliminary plat is consistent with the Mounds View Comprehensive Plan. 3. Easements sufficient to protect all water courses, ponds, wetlands and drainage areas and public utilities are provided and dedicated on the preliminary plat. 4. Excess right of way and excess easements will be vacated according to the regulations and requirements of the City of Mounds View and state of Minnesota. 5. Park dedication fees in the amount of $865,000 have been negotiated between the City and Medtronic and will be due at the time of Phase 1 building permit approval. Resolution 6631 Page 2 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View City Council approves the Medtronic CRM Preliminary Plat date-stamped October 5, 2005 subject to the following conditions: 1. The easement over the Met Council sanitary sewer interceptor shall not be vacated. 2. All of Outlot A shall be protected by public drainage and utility easement. 3. The periphery easement on Lot 3 shall be widened from 10 feet to 40 feet. 4. City Council approval is subject to Ramsey County approval. 5. If deemed necessary by the City Attorney, the Applicant shall execute a subdivision agreement consistent with the requirements and regulations of he City of Mounds View and state of Minnesota. 6. The Applicant shall submit the Medtronic CRM final plat within six months from the date of preliminary plat approval or the preliminary plat approval shall be rendered null and void. Adopted this 10th day of October, 2005. _______________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) EXHIBIT A – Medtronic CRM Legal Descriptions Outlot A and Lot 4, Block 1, North Star Industrial Park 2nd Addition, according to the recorded plat thereof; and situate in Ramsey County, Minnesota. Lots 10 through 16, Block 2, North Star Industrial Park, according to the recorded plat thereof, and situate in Ramsey County, Minnesota. That part of Tract A described below: Tract A. The South Half of the Northeast Quarter of Section 5, Township 30 North, Range 23 West, Ramsey County, Minnesota, which lies northerly and westerly of the following described line: Commencing at the center of said Section 5; thence north on an azimuth of 359 degrees 23 minutes 10 seconds (azimuth oriented to Minnesota State Plane Coordinate System) along the north and south quarter line of said Section 5 for 781.42 feet to the point of beginning of the line to be described; thence on an azimuth of 108 degrees 12 minutes 41 seconds, 231.14 feet; thence on an azimuth of 98 degrees 27 minutes 03 seconds, 1486.78 feet; thence run northeasterly for 447.16 feet on a non- tangential curve, concave to the northwest, having a radius of 720 feet, a delta angle of 35 degrees 35 minutes 02 seconds and a chord azimuth of 76 degrees 55 minutes 11 seconds; thence on an azimuth of 59 degrees 07 minutes 40 seconds, 192.89 feet; thence run northerly 398.14 feet on a non-tangential curve concave to the northwest, having a radius of 850 feet; a delta angle of 26 degrees 50 minutes 15 seconds and a chord azimuth of 29 degrees 26 minutes 05 seconds; thence on an azimuth of 16 degrees 00 minutes 57 seconds, 303.65 feet to the north line of said Tract A and there terminating; And, Lots 1, 2, 3, 4, 13, 14 and 15, Block 1 and Lots 1, 2, 3, Lot 4 except the South 60 feet and Lot 5 except the South 222.2 feet, Block 2, Laport Meadows, according to the recorded plat thereof, and situate in Ramsey County, Minnesota, except those portions which lie southwesterly of a line run parallel with and distant 100 feet northeasterly of the following described line: Beginning at a point on the west line of Section 5, Township 30 North, Range 23 West distant 688.09 feet south of the northwest corner thereof; thence run southeasterly at an angle of 142 degrees 35 minutes 45 seconds with said west section line for 1278.48 feet; thence deflect to the left on a 03 degrees 00 minute curve (delta angle 33 degrees 39 minutes 25 seconds) for 1121.90 feet; thence on a tangent to said curve for 1100.00 feet and there terminating. ORDINANCE NO. 765 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE VACATING EXCESS RIGHT OF WAY AND EASEMENTS ASSOCIATED WITH THE MEDTRONIC CRM PLAT WHEREAS, there are easements and right of way previously platted and dedicated to the City of Mounds View within the Medtronic CRM plat that are excess and unnecessary, all legally described as follows: 1. All of the drainage easement across Outlot A as dedicated in NORTH STAR INDUSTRIAL PARK 2ND ADDITION, Ramsey County, Minnesota. 2. All of the drainage easement and all of the drainage and utility easement as dedicated in Lot 4, Block 1, NORTH STAR INDUSTRIAL PARK 2ND ADDITION, Ramsey County, Minnesota. 3. That part of the street easement across the west 33.00 feet of the South Half of the Northeast Quarter of Section 05, Township 30, Range 23, Ramsey County, Minnesota, which lies northerly of the northerly right of way line of U.S. Highway No. 10, as described in document number 1714471 as found in the office of the Ramsey County Recorder. 4. Those parts of Ardan Avenue, Edgewood Drive and Jackson Drive as dedicated in LAPORT MEADOWS, Ramsey County, Minnesota, which lie northerly of the northerly right of way line of U.S. Highway No. 10. 5. The drainage easement across the north 50.00 feet of Lot 1, Block 1 and across the north 5.00 feet of Lot 15, Block 1, all in LAPORT MEADOWS, Ramsey County, Minnesota, as described in document number 1670999. WHEREAS, it has been determined that the above-described drainage, utility and right of way easements, as shown on attached Exhibit A, no longer serve a public purpose and it is in the public interest to vacate such unneeded drainage, utility and right of way easements. NOW THEREFORE, THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Special Ordinance No. 765. Subd. 1. The City has made a determination that the above-described drainage, utility and right of way easements no longer serve a public purpose, and as such, it is in the public interest to vacate such areas. Ordinance 765 Page 2 Subd. 2. There are no public utilities, buried or otherwise, within the easements to be vacated except those to be protected by easements dedicated with the proposed Medtronic CRM plat. Subd. 3. The City Council of the City of Mounds View finds that there is no public interest or purpose served in retaining the excess and unneeded drainage, utility and right of way easements proposed for vacation. Subd. 4. The drainage, utility and right of way easements legally described herein and shown on Exhibit A are hereby vacated. SECTION 2. This ordinance takes effect thirty (30) days after its publication. First read by the City Council of the City of Mounds View this 10th day of October, 2005. Read and passed by the City Council of the City of Mounds View this ___ day of _____, 2005. Rob Marty, Mayor ATTEST: Kurt Ulrich, City Clerk-Administrator APPROVED AS TO FORM: City Attorney Exhibit A 1 234 5 ORDINANCE 764 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE APPROVING A REZONING OF THE MEDTRONIC CRM DEVELOPMENT AREA FROM LIGHT INDUSTRIAL (I-1) TO PLANNED UNIT DEVELOPMENT (PUD) THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Appendix A of the Mounds View Municipal Code entitled “Specific Rezonings” is hereby amended to include reference to the following Ordinance 764. Subdivision 1. Purpose. The Mounds View City Council has determined that to further economic development and organized land use controls that the present zoning classification of certain parcels should be reclassified to be consistent with the Mounds View Zoning Code and the proposed Mounds View Comprehensive Plan. Subdivision 2. The Mounds View Planning Commission and City Council have determined that there would be no adverse effects to adjoining properties resulting from the rezoning and that the rezoning would not be detrimental to the community at large. Subdivision 3. Accordingly, the Mounds View City Council approves the rezoning and directs that the City’s official Zoning Map and the zoning classification for the following described parcel be amended as follows: Parcel Legal Description Existing Zoning Designation New Zoning Designation Refer to Exhibit A I-1 PUD and as shown on the map attached Exhibit B. SECTION 2. This ordinance is effective thirty days after its publication. First read and introduced by the City Council of the City of Mounds View this 10th day of October, 2005. Second reading and adoption by the City Council of the City of Mounds View on this ____ day of _____, 2005. _______________________________________ Rob Marty, Mayor ATTEST _______________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) APPROVED AS TO FORM: _______________________ Scott Riggs, City Attorney EXHIBIT A – Medtronic PUD Legal Description Parcel 1: Outlot A and Lot 4, Block 1, North Star Industrial Park 2nd Addition, according to the recorded plat thereof; and situate in Ramsey County, Minnesota. Parcel 2: Lot 16, Block 2, North Star Industrial Park, except the easterly 40 feet thereof, according to the recorded plat thereof, and situate in Ramsey County, Minnesota. Parcel 3: That part of Tract A described below: Tract A. The South Half of the Northeast Quarter of Section 5, Township 30 North, Range 23 West, Ramsey County, Minnesota, which lies northerly and westerly of the following described line: Commencing at the center of said Section 5; thence north on an azimuth of 359 degrees 23 minutes 10 seconds (azimuth oriented to Minnesota State Plane Coordinate System) along the north and south quarter line of said Section 5 for 781.42 feet to the point of beginning of the line to be described; thence on an azimuth of 108 degrees 12 minutes 41 seconds, 231.14 feet; thence on an azimuth of 98 degrees 27 minutes 03 seconds, 1486.78 feet; thence run northeasterly for 447.16 feet on a non-tangential curve, concave to the northwest, having a radius of 720 feet, a delta angle of 35 degrees 35 minutes 02 seconds and a chord azimuth of 76 degrees 55 minutes 11 seconds; thence on an azimuth of 59 degrees 07 minutes 40 seconds, 192.89 feet; thence run northerly 398.14 feet on a non-tangential curve concave to the northwest, having a radius of 850 feet; a delta angle of 26 degrees 50 minutes 15 seconds and a chord azimuth of 29 degrees 26 minutes 05 seconds; thence on an azimuth of 16 degrees 00 minutes 57 seconds, 303.65 feet to the north line of said Tract A and there terminating; Parcel 4: Lots 1, 2, 3, 4, 13, 14 and 15, Block 1 and Lots 1, 2, 3, Lot 4 except the South 60 feet and Lot 5 except the South 222.2 feet, Block 2, Laport Meadows, according to the recorded plat thereof, and situate in Ramsey County, Minnesota, except those portions which lie southwesterly of a line run parallel with and distant 100 feet northeasterly of the following described line: Beginning at a point on the west line of Section 5, Township 30 North, Range 23 West distant 688.09 feet south of the northwest corner thereof; thence run southeasterly at an angle of 142 degrees 35 minutes 45 seconds with said west section line for 1278.48 feet; thence deflect to the left on a 03 degrees 00 minute curve (delta angle 33 degrees 39 minutes 25 seconds) for 1121.90 feet; thence on a tangent to said curve for 1100.00 feet and there terminating. (These legal descriptions do not include parcels in Blaine.) Exhibit B. Zoning Map PUD PUD PUD Item No: 8B Meeting Date: Oct 10, 2005 Type of Business: PH Administrator Review : ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Public Hearing and Consideration of the Second Reading and Adoption of Ordinance 763, an Ordinance Authorizing the Vacation of Easements and Right of Way Associated with the SYSCO Second Addition Major Subdivision; Planning Case MA2005-001 Discussion: Due to actions beyond the control of the applicant, this item and all other Sysco items previously scheduled for review at this meeting have been rescheduled for the October 24, 2005 Council meeting. Because a public hearing had been set, published and noticed for this particular item, the City Attorney recommends the Council open the public hearing and continue the hearing until October 24, 2005. Recommendation: Open the public hearing to consider the second reading and adoption of Ordinance 763, an ordinance Authorizing the Vacation of Easements and Right of Way Associated with the SYSCO Second Addition Major Subdivision, and continue the hearing to the October 24, 2005 Council meeting. James Ericson Community Development Director Item No: 8D Meeting Date: Oct 10, 2005 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Consideration of a Minor Subdivision of the Properties Located at 8123 Pleasant View Court and 8117-8119 Pleasant View Court; Mounds View Planning Case MI2005-007. Introduction: The owner and applicant, James Benson, has applied for an approval of a lot line adjustment between the properties he owns at 8123 Pleasant View Court and 8117-8119 Pleasant View Court. The subdivision would move the common lot line of 8123 Pleasant View Court (heretofore referred to as Lot 9) south 33.80 feet to meet the most southeasterly corner of 8117-8119 Pleasant View Court (heretofore referred to as Lot 6). James Benson owns both properties – he resides at 8123 Pleasant View Drive, and 8117-8119 is a duplex currently being used as rental property. The purpose of the land transfer is to move the property line to correspond with the corner of Lot 6, along with allowing more yard space for Lot 9. Discussion: According to the Mounds View City Code, a minor subdivision is a division of land less than two acres in area in which only one additional lot is created. The definition also includes lot line adjustments, even though no new lots (such as with this request) may be created by the adjustment. After the subdivision, both lots would comply with the area and setback requirements of their respective zoning districts. Easements: There are 5-foot wide side lot line and 10 foot wide rear lot line easements proposed over where the new lot line would be. There is no storm sewer along this property line. Zoning: Lot 6 (the duplex lot) is zoned R-2, Single & Two Family Residential; and Lot 9 is zoned R-1, Single-Family Residential. While a zoning change is not required for this subdivision, after the adjustment, the property at 8123 Pleasant View Court will exhibit both R-2 and R-1 zoning designations. (A detached single-family house is permitted in an R-2 district.) Staff would recommend that the next comprehensive rezoning undertaken in the City include the slice of land divided from Lot 6. Park Dedication Requirements: Every subdivision of land is ordinarily subject to park dedication requirements. The City Council adopted Ordinance 745 last year however which provided for some flexibility in determining what—if any—dedication would be required. Because no new lots are created by this subdivision and no additional development would occur, no dedication should be required. Benson Report Oct 10, 2005 Page 2 Public Notice. Public notice is not required for this request. Given that no new development will occur, a public hearing or public notice was not warranted and notices were not sent to adjoining property owners. Planning Commission Review. The Planning Commission reviewed this subdivision on September 21, 2005. Finding that the lot line adjustment was consistent with the subdivision regulations, the zoning code and the comp plan, the Commission adopted Resolution 816-05 which recommends approval of the requested subdivision. Recommendation: This proposed subdivision is merely a redrawing of one common lot line between two parcels in order for the lot line to meet with the rear corner of Lot 6. The associated uses will not be changing as a result of the subdivision. There will not be any impacts to traffic or congestion and the subdivision would not be inconsistent with either the Comprehensive Plan or the Zoning Code and Subdivision Code. Staff and the Planning Commission recommend approval of Resolution 6634. _____________________________________ James Ericson Community Development Director Attachments: 1. Planning Application 2. Zoning Map 3. Existing lot lines 4. Proposed Subdivision 5. Photographic Documentation 6. Resolution 816-05 7. Resolution 6634 Zoning Map Aerial View Existing Lot Lines Proposed Lot Line Plat Map Lot 6 Lot 9 Photographic Documentation Photo of home located at 8123 Pleasant View Court, looking southeast along the lot line between the properties Lot 9 property line would move from the end of the fence to the pink stake. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 816-05 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION OF 8123 PLEASANT VIEW COURT AND 8117-8119 PLEASANT VIEW COURT; MOUNDS VIEW PLANNING CASE NO. MI2005-007 WHEREAS, the Applicant, James Benson, has requested approval of a minor subdivision to adjust the common lot line between 8117-8119 Pleasant View Court and 8123 Pleasant View Court; and, WHEREAS, the property located at 8117-8119 Pleasant View Court is zoned R-2, Single and Two-family Residential, and the property located at 8123 Pleasant View Court is zoned R-1, Single Family Residential; and, WHEREAS, the Applicant has submitted a Certificate and Plat of Survey for the identified properties, dated August 12, 2005; and, WHEREAS, both properties are owned by the Applicant and are legally described as follows: 8123 Pleasant View Court Pin #: 06-30-23-23-0016 8117-8119 Pleasant View Court Pin #: 06-30-23-23-0017 Lot 9, Block 3, Mounds View Development Company No.1, Ramsey County, Minnesota Lot 6, Block 3, Mounds View Development Company No. 1, Ramsey County, Minnesota, subject to easements. WHEREAS, the 33.80 feet of land being detached from Lot 6 and attached to Lot 9 is legally described as follows: That part of Lot 6, Block 3 lying northeasterly of a line from the northeast corner of said Lot 6 to the most southeasterly corner of said Lot 6, Block 3, Mounds View Development Company No. 1, Ramsey County, Minnesota WHEREAS, the Planning Commission has reviewed the applicant’s request for a minor subdivision and has determined that it is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code; and WHEREAS, the Planning Commission finds that the applicant’s request for a minor subdivision is in conformance with the Comprehensive Plan; and, Resolution 816-05 Page 2 WHEREAS, a copy of the Certificate and Plat of Survey has been forwarded to the City Attorney for his review; and, WHEREAS, no park dedication fees will be recommended with this subdivision due to there being no new additional lots created by this subdivision. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the minor subdivision request made by James Benson, owner of 8123 Pleasant View Court and 8117-8119 Pleasant View Court, subject to the following: 1. The applicants shall execute and record two easement documents (one for each lot) which dedicate to the public for public use the proposed additional easement areas. 2. The applicants shall be responsible for recording new property deeds to effectuate the subdivision with Ramsey County within 60 days of Council approval. Failure to do so within the prescribed time frame (excluding unavoidable delays as determined by the Community Development Director) shall render the minor subdivision null and void. BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 21st day of September, 2005 _____________________________________ Jean Miller, Vice Chairperson ATTEST: _____________________________________ James Ericson Community Development Director (SEAL) RESOLUTION NO. 6634 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A MINOR SUBDIVISION OF 8123 PLEASANT VIEW COURT AND 8117-8119 PLEASANT VIEW COURT; MOUNDS VIEW PLANNING CASE NO. MI2005-007 WHEREAS, James Benson has requested approval of a minor subdivision to adjust the common lot line between properties he owns at 8117-8119 Pleasant View Court and 8123 Pleasant View Court; and, WHEREAS, the property located at 8117-8119 Pleasant View Court is zoned R-2, Single and Two-family Residential, and the property located at 8123 Pleasant View Court is zoned R-1, Single Family Residential; and, WHEREAS, the Applicant has submitted a Certificate and Plat of Survey for the identified properties, dated August 12, 2005; and, WHEREAS, both properties are owned by the Applicant and are legally described as follows: 8123 Pleasant View Court Pin #: 06-30-23-23-0016 8117-8119 Pleasant View Court Pin #: 06-30-23-23-0017 Lot 9, Block 3, Mounds View Development Company No.1, Ramsey County, Minnesota Lot 6, Block 3, Mounds View Development Company No. 1, Ramsey County, Minnesota, subject to easements. WHEREAS, the 33.80 feet of land being detached from Lot 6 and attached to Lot 9 is legally described as follows: That part of Lot 6, Block 3 lying northeasterly of a line from the northeast corner of said Lot 6 to the most southeasterly corner of said Lot 6, Block 3, Mounds View Development Company No. 1, Ramsey County, Minnesota WHEREAS, the City Council has reviewed the applicant’s request for a minor subdivision and has determined that it is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code; and WHEREAS, the City Council finds that the applicant’s request for a minor subdivision is in conformance with the Comprehensive Plan; and, Resolution 6634 Page 2 WHEREAS, a copy of the Certificate and Plat of Survey has been forwarded to the City Attorney for his review; and, WHEREAS, no park dedication fees will be recommended with this subdivision due to there being no new additional lots created by this subdivision. WHEREAS, The Mounds View Planning Commission supported the request by adopting Resolution 816-05 which recommends approval of the minor subdivision. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the minor subdivision request made by James Benson, owner of 8123 Pleasant View Court and 8117-8119 Pleasant View Court, subject to the following: 1. The applicant shall execute and record two easement documents (one for each lot) which dedicate to the public for public use the proposed additional easement areas. 2. The applicant shall be responsible for recording new property deeds to effectuate the subdivision with Ramsey County within 60 days of Council approval. Failure to do so within the prescribed time frame (excluding unavoidable delays as determined by the Community Development Director) shall render the minor subdivision null and void. Adopted this 10th day of October, 2005 _____________________________________ Rob Marty, Mayor ATTEST: _____________________________________ Kurt Ulrich, City Clerk/Administrator (SEAL) Item No. 8E Meeting Date: August 22, 2005 Type of Business: CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Resolution 6651 Authorizing the Layoff of Regular Full-time Golf Course Employees and Providing Severance Background: In anticipation of the golf course redevelopment and closing, the City Council adopted a severance package for the three regular full-time golf course employees on August 22, 2005 with passage of Resolution 6585. The consensus of the Council at that time was to allow payout of vacation and sick leave in accordance with current policy and to allow accumulated flextime to be used by employees. The Council also determined that there be additional severance pay of one week per year of service. Section 4.15 of the City’s Personnel Policy provides that the “City Administrator, with the approval of the City Council, may lay-off any employee whenever such action is deemed necessary by reason of shortage of work funds, the elimination of the position, changes in the organization, or other causes.” The golf course has three full-time employees who would be impacted by the sale and closure of the golf course. The positions that would be eliminated are the Golf Course Manager, the Clubhouse Manager/Golf Instructor, and the Grounds/Equipment Manager. None of the existing golf course employees applied for other available City jobs during the last few months in which one position in Public Works and one in Community Development were filled. Discussion: The attached resolution makes the implementation of lay-off notices dependant upon the closing and transfer of the golf course property. If for any reason the closing and transfer of property does not occur, this item will be brought back to the Council for reconsideration. Based upon current vacation and sick leave balances, the severance cost to the City would be approximately $50,000 total. Based upon current flextime balances, all employee flextime will be fully paid-out by mid-January 2006. The employee’s specific termination date will vary based upon the expiration of their flextime balances. All of the full-time golf course employees are non-union and therefore covered by the City Personnel Manual in regard to severance. According to Section 4.35 of the Mounds View Personnel Manual: SEPARATION COMPENSATION Vacation An employee will be compensated for accrued vacation and compensatory time upon separation. Sick Leave Severance Severance pay shall be granted to employees who leave in good standing in the amount of fifty percent (50%) of unused sick leave to employees who have completed two years of service. Maximum accumulation of sick leave is 120 days. Additional banked sick leave hours will not be computed in severance pay. The spouse or family of an employee is eligible for severance benefits, if the following conditions are met: • Employee worked for the City for two years prior to the termination of employment; or; • The employee died while an employee of the City. Employees who have completed ten years of service and retire may elect, in lieu of severance pay, to have the employer use sixty-five percent (65%) of the employee’s accrued and unused sick leave for the retiree’s group health, dental and life insurance premiums for as long as the funds are available up to the retiree’s 65th birthday. Severance benefits will be paid at the employee’s regular rate of pay on the last date as an employee. According to the Mounds View Personnel Manual Section 4.15 in regard to Layoff it states: Notice of Layoff The City Administrator shall give written Notice of a Layoff to a regular or probationary employee at least 14 calendar days before the effective date of the Layoff. A copy of the notice shall be provided to the Human Resource Representative. The Council granted an additional severance of one week’s pay per year of service due to economic lay-off. Employees will have completed three, nine, and three years of employment respectively by the end of 2005. The total for the years of service pay for all employees is $12,670, which is included in the $50,000 total. Specific severance amounts will be brought back for Council approval at the time of each respective employee’s termination. Recommendation: It is recommended that the City Council adopt the attached Resolution 6651 Authorizing the Layoff of Regular Full-time Golf Course Employees and Providing Severance. Pursuant to the previously adopted Resolution 6585, the severance package includes standard severance pay of vacation and sick leave as provided in the Personnel Manual, plus consideration of the employee’s balance of flextime hours. Additionally, a severance benefit of one weeks pay per year of service is included. RESOLUTION NO. 6651 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING THE LAYOFF OF REGULAR FULL-TIME GOLF COURSE EMPLOYEES AND PROVIDING SEVERANCE WHEREAS, the City Council has taken action to close the municipal golf course known as The Bridges of Mounds View Golf Course effective October 3, 2005; and WHEREAS, the golf course has three full-time employees whose jobs will be eliminated upon the sale and closure of the golf course; the Golf Course Manager, the Clubhouse Manager/Golf Instructor, and the Grounds/Equipment Manager; and WHEREAS, it is the intention of the City to provide a severance package to these employees that is consistent with City policy, and recognizes the efforts of the golf course employees; and WHEREAS, Section 4.15 of the City’s Personnel Policy provides that the “City Administrator, with the approval of the City Council, may lay-off any employee whenever such action is deemed necessary by reason of shortage of work funds, the elimination of the position, changes in the organization, or other causes.” NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council hereby affirms and authorizes the City Administrator to lay-off the three current regular full-time golf course employees, subject to the closing and transfer of the golf course property. FURTHER BE IT RESOLVED, that the termination date of each golf course employee will be established within the Notice of Layoff to account for the individual employee’s flextime balance and, further, each employee shall be given an additional severance payment of one week’s pay for each complete year of service, and accorded all severance benefits as provided in the City’s Personnel Policy and subject to the terms and conditions therein. Adopted this 10th day of October 2005. _________________________________ Rob Marty, Mayor ATTEST: _________________________________ Kurt Ulrich, City Administrator (seal) Item No: 09C Meeting Date: October 10, 2005 Type of Business: CA City Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2005. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2004. Those companies renewing their license were licensed, at a minimum, in the year 2004. The type of license they are applying for follows the company name. Air Comfort Specialists, Inc. HVAC New Arkay Construction Company General (Commercial) New Commercial Plumbing & Heating, Inc. HVAC New Hennen Siding, Inc. General (Commercial) New Hoffman Refrigeration and Heating HVAC New Horizon Retail Construction General (Commercial) New St. Croix Tree Service Tree Trimming/Removal New Soderlin Plumbing, Heating & A/C HVAC New Vogt Heating, Air Conditioning & Plumbing HVAC Renewal Staff Recommendation: Approve license applications as requested. PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 September 26, 2005 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:02 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 Mayor Marty advised there are currently some problems in broadcasting the meeting live but it 14 will be taped for later broadcast. 15 16 2. PLEDGE OF ALLEGIANCE 17 18 3. ROLL CALL: Marty, Stigney, Gunn, Flaherty, and Thomas 19 20 NOT PRESENT: None. 21 22 4. APPROVAL OF AGENDA 23 24 A. Monday, September 26, 2005 City Council Agenda 25 26 MOTION/SECOND: Flaherty/Gunn. To Approve the Monday, September 26, 2005 agenda as 27 presented. 28 29 Ayes –5 Nays – 0 Motion carried. 30 31 5. PUBLIC INPUT 32 33 William Werner, 2765 Sherwood Road, stated that a while go the Medtronic property was to be 34 signed over but he has now heard rumor that it was shifted to another date. 35 36 City Administrator Ulrich explained the closing of the property has to be scheduled to coincide 37 with all documents that need to be processed. A number of documents had to be gathered and 38 finalized by the City Attorney and Medtronic attorney so the closing date was moved from 39 September 23 to September 30. He noted that Agenda Item 8H will address additional items that 40 need to occur prior to the closing and, if the closing is held on September 30, 2005, a special 41 Council meeting will need to be scheduled. 42 43 Mounds View City Council September 26, 2005 Regular Meeting Page 2 Mr. Werner asked if the delay is on the City side. City Attorney Riggs explained the City had to 1 wait for the deed from the State of Minnesota. That deed was just received today so it is ready to 2 close on September 30, 2005. 3 4 Duane McCarty, 8060 Long Lake Road, advised that a number of citizens, many of them 5 petitioners on Chapter 760, have formed a nonprofit corporation, the Mounds View Citizens 6 Taxpayers Association. He introduced Association officers as being Vice Chair Ken Glidden, 7 Second Vice Chair Dennis Hammes, Treasurer Connie Hammes, Secretary Barbara Haake, 8 Director at Large Ed Benson, and Director at Large Mary Kay Walsh (who was not in 9 attendance). Mr. McCarty asked Secretary Haake to give the mission statement followed by his 10 closing statement. 11 12 Barbara Haake, 3024 County Road I, stated the Mounds View Citizens Taxpayers Association 13 mission statement and the primary purpose of this corporation is to protect, preserve, and up hold 14 the principals of self governance and participatory democracy embodied in the Mounds View 15 City Charter and to ensure that the Mayor, City Council, and other elected and non-elected 16 officials of the City of Mounds View uphold and comply with the provisions of the Mounds 17 View City Charter in the performance of their official duties and responsibilities. She provided a 18 copy of an August 31, 2005 memorandum she had prepared for the Council’s consideration, 19 explaining that it provides greater detail of what this is all about. 20 21 Mr. McCarty stated they have formed a 501C4 corporation under the State of Minnesota laws 22 and in accordance with the mission statement, retained an attorney to represent them in a law suit 23 against the City over Ordinance 760 referendum issue. Mr. McCarty advised that a complaint 24 will be filed in the morning in district court. 25 26 Tori Johnson, 7730 Long Lake Road, stated she would like to suggest that Mounds View 27 improve its website. Ms. Johnson explained that after the storm of last week, surrounding city 28 web sites contained information on emergency storm information. However, the Mounds View 29 web site did not contain storm information. She stated she had talked to City Administrator 30 Ulrich earlier tonight about this matter. She stated she found it embarrassing that there was no 31 communication with citizens about the storm information. 32 33 Connie Hammes, 5511 Quincy Street, reported the Petition Committee has submitted an 34 additional 11 sheets with 41 individual signatures, thereby making sufficient the collection of the 35 989 signatures required for sufficiency on Ordinance 760. Ms. Hammes stated her opinion that 36 they did not really need to do that because she found that 77 signatures should have been made 37 correct and, when added to 945 signatures, that would have been sufficient. Ms. Hammes stated 38 she is wondering if City Administrator Ulrich was the person responsible, and if so, why the 39 Council voted him a raise if that is what he did to 77 residents. Ms. Hammes provided the 40 Council with a copy of her information. 41 42 City Administrator Ulrich stated Staff is in the process of validating the additional signatures that 43 were received in the office. In accordance with the Charter, there are five days for the City 44 Administrator to report back to the Council. 45 Mounds View City Council September 26, 2005 Regular Meeting Page 3 1 David Jahnke, 8428 Eastwood Road, reminded the Council of the survey done indicating that 2 almost 60% of the people wanted to get rid of the golf course. He noted there is a small group of 3 people who think otherwise and while he respects their opinion, he wants to remind the Council 4 of the survey. Also, residents elected the Council to do the job for Mounds View and the 5 Council has a duty to run the City because they have been elected to do that. Mr. Jahnke stated 6 he thinks the Council is running the City in good fashion. 7 8 Ken Glidden, 5240 Edgewood Drive, asked the Council to look at the petition filed because it is 9 not about the golf course. The issue is with the financing and the deal given to Medtronic that 10 short changes the citizens of Mounds View for 25 years. He stated that is far more important 11 than the golf course that has been on the table for five or ten years. Mr. Glidden restated it is not 12 about the golf course but the tax burden that is being put on the shoulders of the tax payers and 13 off the shoulders of Medtronic. 14 15 Councilmember Stigney stated it is his intention to lift the tax burden from the resident’s 16 shoulders by bringing in Medtronic. 17 18 Mr. Glidden stated a lot of information has come forward that the income coming in is a “spit in 19 the wind” compared to if Medtronic paid their full tax as he does. 20 21 Councilmember Stigney stated he disagrees with Mr. Glidden’s comments and will see what the 22 Council can do with it for the residents. 23 24 Ed Benson, 1951 Long Lake Road, stated everyone has heard about the deal at every meeting but 25 the deal was taken before anyone knew the City would give away the golf course and saddle 26 residents with Tax Increment Financing for 25 years. He stated that made a big difference for 27 Mounds View residents and the Council should know that. 28 29 6. SPECIAL ORDER OF BUISNESS 30 31 A. Proclamation Proclaiming October 2005 as Toastmaster Month in the City of 32 Mounds View 33 34 Mayor Marty read in full a proclamation proclaiming October of 2005 as Toastmaster Month in 35 the City of Mounds View and presented it to Lori Higgins. 36 37 Lori Higgins, representing Toastmasters International, stated they are proud of their group and 38 she pleased to receive this recognition. 39 40 B. Proclamation of Appreciation for the Hard Work and Dedication of City 41 Staff during the September 21, 2005 storm 42 43 Mayor Marty read in full a proclamation of appreciation for the hard work and dedication of City 44 Staff during the September 21, 2005 storm. 45 Mounds View City Council September 26, 2005 Regular Meeting Page 4 1 Mayor Marty explained that he asked City Administrator Ulrich to prepare this proclamation. He 2 reviewed how quickly City Staff responded to the storm including Police Officers using flood 3 lights to check power lines, trees, and putting out safety cones. A resident had commented to 4 him that while most are in their basement, Staff was out in the storm to assure the resident’s 5 safety. Mayor Marty stated he was able to receive a full report the night of the storm. 6 7 Mayor Marty reviewed that the next morning Staff was getting telephone calls so he toured the 8 neighborhoods with City Administrator Ulrich, Police Chief Sommer and the Deputy Police 9 Chief. He explained the northern side neighborhoods did not have much damage but the eastern 10 side, south of County Road I sustained more damage. Mayor Marty stated that he was informed 11 yesterday morning that some residents still do not have power. 12 13 Mayor Marty stated he saw neighbors helping neighbors and it gave him a good feeling about 14 Mounds View. He noted there is still a lot of clean-up to do but a lot has been done, even by 15 school children since they did not have school. Mayor Marty thanked Staff and all who helped 16 their neighbors throughout the City. 17 18 Ms. Haake cautioned residents about tree removal contractors who provide a very high bid and 19 suggest to homeowners that the cost can be put against their homeowners insurance. She advised 20 of the $8,500 bid she received to remove three oak trees and one evergreen tree but was then able 21 to settled on a bid of $1,000. Ms. Haake advised that tree removal costs cannot go on insurance 22 unless the tree hits the house. 23 24 Mayor Marty announced that storm damage cleanup begin on September 27 and will continue 25 until the City has been picked up. Pickup will occur through the City one time so it is important 26 to assure all trees and brush are at the boulevard as soon as possible. He advised that residents 27 can also use a no-cost temporary brush site in New Brighton located on Old Highway 8 and 28 reviewed the days and hours of collection. Mayor Marty stated this service is only available to 29 residents of Mounds View, Arden Hills, and New Brighton and residents must show their drivers 30 license at the time of disposal. In addition, Ramsey County has a free brush disposal site in 31 Arden Hills located at Hudson Avenue and New Brighton Road. He reviewed the days and hours 32 the site is open for collection. 33 34 Mayor Marty asked that this information be posted on the City’s web site. Community 35 Development Director Ericson advised that it is already posted. 36 37 7. JUST AND CORRECT CLAIMS 38 39 MOTION/SECOND: Thomas/Gunn. To approve the Just and Correct Claims as Presented. 40 41 Ayes-5 Nays-0 Motion carried. 42 43 Mounds View City Council September 26, 2005 Regular Meeting Page 5 8. COUNCIL BUSINESS 1 2 A. 7:05 PM: Consideration of the SYSCO Second Addition Preliminary Plat, 3 the Rezoning of the Three-Acre Piece of SYSCO Outlot A, the disposition of 4 the Three-Acre Piece of SYSCO Outlot A to SYSCO, and the Vacation of an 5 Excess Easement and Excess Right-of-Way: 6 7 1. Public Hearing and Consideration of Resolution 6627 Approving the 8 SYSCO Second Addition Preliminary Plat 9 10 2. Public Hearing, First Reading and Introduction of Ordinance 761 11 Rezoning the Three-Acre Piece of SYSCO Outlot A from I-1, Light 12 Industrial, to PUD, Planned Unit Development 13 14 Mayor Marty opened the Public Hearings at 7:28 p.m. 15 16 Community Development Director Ericson stated that he will present the Staff report for both 17 SYSCO public hearings. He advised that SYSCO Minnesota has submitted an application for a 18 major subdivision of their land located at 2400 County Road J and the City-owned land between 19 SYSCO and the golf course. The subdivision is a replat of the original SYSCO plat, approved in 20 1989. The replat takes three acres from SYSCO Outlot A and combines it with SYSCO Lot 1, 21 Block 2. Currently, the developed SYSCO parcel is 24.2 acres while the undeveloped Outlot A 22 is 45.8 acres. After the subdivision, the SYSCO site would be 27.2 acres and the undeveloped 23 outlot reduced to 42.9 acres. 24 25 Director Ericson explained that in addition to consideration of the preliminary plat, the area to be 26 transferred will need to be rezoned to be consistent with the SYSCO site and ordinances 27 approved relating to the transfer. 28 29 Director Ericson reviewed the road alignment and right-of-way that was not vacated in 1989, but 30 utilities are present. Ramsey County was asked if they want to retain it but if not, then Staff 31 recommends it be returned as one larger lot. The SYSCO lot is zoned Planned Unit 32 Development (PUD) and the proposed subdivision would be consistent with the existing zoning 33 of the property. The three acre piece being subdivided from Outlot A is zoned I-1, Light 34 Industrial, which is not inconsistent with the SYSCO property. However, rather than having one 35 piece with dual zoning designations, Staff prefers to have all of it with the PUD zoning 36 designation. The Planning Commission recommended approval of that rezoning. 37 38 Director Ericson explained that with the preliminary plat, Staff looked at easements, park 39 dedication fees, and other aspects related to subdivision ordinance regulations. The request is 40 straight forward by taking three acres from Outlot A and deeding it to SYSCO to make room for 41 their expanded parking lot and allow for the relocation of the drive aisle. An easement needs to 42 be vacated with the subdivision and the relocated lot line will cross the wetland easement but that 43 easement is not needed because they plan to fill approximately one-half acre of land. 44 45 Mounds View City Council September 26, 2005 Regular Meeting Page 6 Director Ericson noted the site plan that shows the existing SYSCO building and to the east the 1 three acre sliver of land that would be taken from Outlot A and added to the developed parcel of 2 SYSCO, as SYSCO Second Addition, Lot 1, Block 1. He explained that with the subdivision of 3 land, Staff looked at park dedication fees. Given that SYSCO deeded the 46 acres of land to the 4 City and paid a park dedication fee in 1989, it had been previous Council consensus to not 5 require another park dedication fee. 6 7 Director Ericson reviewed again the easement to be vacated and action requested by the Council 8 which includes land disposition from Mounds View back to SYSCO. The City Charter requires 9 that to be done by ordinance. 10 11 Director Ericson explained that Agenda Item 8.A.5. relates to Metropolitan Council and their 12 review of the Comprehensive Plan amendment which the Planning Commission recommended 13 and Council adopted. The Metropolitan Council felt it was somewhat inconsistent because the 14 AUAR did not anticipate any impact to the wetlands. The Metropolitan Council is requiring that 15 the City authorize an amendment to the Bridges Office Development AUAR to reflect the fact 16 that there will be impacts to wetlands on the SYSCO Outlot A parcel. The Planning 17 Commission adopted a resolution that addressed the fact that the AUAR would need to be 18 amended to show there would be a one-half acre of wetland impact on the SYSCO property. The 19 mitigation would be accomplished consistent with the standards of the Rice Creek Watershed 20 District. 21 22 Director Ericson noted this project has been heard at several previous meetings and the Planning 23 Commission adopted a resolution recommending approval of all actions being considered by the 24 Council. He summarized the resolutions and ordinances before the Council at the meeting this 25 evening and offered to answer questions. He also noted that representatives of SYSCO are in the 26 audience. 27 28 Mayor Marty asked the audience if anyone wished to address this issue. 29 30 Hearing none, Mayor Marty closed the Public Hearings at 7:36 p.m. 31 32 Councilmember Flaherty asked about the cost to amend the AUAR and if SYSCO will cover 33 those costs. Director Ericson stated there is probably a cost and SYSCO would be responsible 34 for that cost. 35 36 Councilmember Flaherty stated the City is grateful that SYSCO dedicated the land to the City. 37 However, in the future, he would like it stricken so that issue does not keep coming up before the 38 City. He explained that by doing so it makes the Council feel obligated to deed it back. He 39 stated in future negotiations he does not want the dedication issue raised again. 40 41 Mayor Marty stated that while he understands the issue, it was SYSCO’s land. 42 43 Councilmember Flaherty stated he understands that but SYSCO deeded the land to the City. 44 45 Mounds View City Council September 26, 2005 Regular Meeting Page 7 Councilmember Stigney stated his agreement with Councilmember Flaherty’s point. He asked 1 how much increment will be generated by the driveway and parking lot and how long it will take 2 to pay back the TIF. 3 4 Director Ericson stated he is not prepared to answer that question. 5 6 Councilmember Stigney asked if this increment for the driveway and parking lot will provide a 7 payback period within two years. Director Ericson stated it will probably not for the three acres 8 of land. 9 10 Councilmember Stigney stated they are asking for a $250,000 donation that will not be paid 11 back. He stated he has a problem with that and is also concerned about cutting down 70-some 12 mature trees to put in a driveway. For those reasons and because 50 more semitrailers will be 13 using County Road J, he thinks SYSCO should do this project on their own “dime.” He stated he 14 does not support this request for those reasons, and probably other reasons as well. 15 16 Mayor Marty stated SYSCO has been a good neighbor and business in Mounds View since their 17 inception. He agreed that the parking lot won’t pay the City back, but SYSCO will pay the City 18 back within two years. By expanding this parking lot, SYSCO will add 100 new jobs that they 19 need and they are jobs that citizens of Mounds View can apply for and get. Mayor Marty stated 20 there are quite a few SYSCO employees living in Mounds View. He stated to help a Mounds 21 View business grow, he sees as a “plus” for Mounds View. He noted that right now they are 22 limited in space so SYSCO has to jockey around the trucks. With the new parking lot area, the 23 trucks will not have to be restarted and moved around. The trucks can come in, be unloaded, and 24 then leave. 25 26 Duane McCarty, 8060 Long Lake Road, asked if they will be 100 new jobs and not imported 27 from another city. Mayor Marty stated that is his understanding. 28 29 Councilmember Stigney pointed out that if the City was not allowing this TIF money to go to 30 SYSCO, the TIF District could be closed next year and the TIF money come into the general 31 fund for another purpose. If this is approved, the TIF will go to SYSCO instead of the City, 32 which is another reason he does not support it. 33 34 Ed Benson, 1951 Long Lake Road, suggested that if the City doesn’t give this to SYSCO then it 35 can go to Medtronic, a $10 billion company. 36 37 Mayor Marty stated this $250,000 to SYSCO creates 100 jobs and will be paid back in two years. 38 39 MOTION/SECOND: Thomas/Flaherty. To waive the reading and adopt Resolution 6627 40 Approving the SYSCO Second Addition Preliminary Plat. 41 42 Ayes-4 Nay-1 (Stigney) Motion carried. 43 44 Mounds View City Council September 26, 2005 Regular Meeting Page 8 MOTION/SECOND: Flaherty/Marty. To approve First Reading and Introduction of Ordinance 1 761 Rezoning the Three-Acre Piece of SYSCO Outlot A from I-1, Light Industrial, to PUD, 2 Planned Unit Development. 3 4 Ayes-4 Nay-1 (Stigney) Motion carried. 5 6 3. First Reading an Introduction of Ordinance 762, an Ordinance 7 Authorizing the Disposition of Real Property to SYSCO Minnesota 8 9 MOTION/SECOND: Gunn/Thomas. To approve First Reading an Introduction of Ordinance 10 762, an Ordinance Authorizing the Disposition of Real Property to SYSCO Minnesota. 11 12 Ayes-4 Nay-1 (Stigney) Motion carried. 13 14 4. First Reading and Introduction of Ordinance 763, an Ordinance 15 Authorizing the Vacation of an Excess Drainage and Utility Easement 16 and Excess Right-of-Way Associated with the SYSCO Second 17 Addition Plat 18 19 MOTION/SECOND: Flaherty/Gunn. To approve First Reading and Introduction of Ordinance 20 763, an Ordinance Authorizing the Vacation of an Excess Drainage and Utility Easement and 21 Excess Right-of-Way Associated with the SYSCO Second Addition Plat. 22 23 Ayes-4 Nay-1 (Stigney) Motion carried. 24 25 5. Resolution 6645 Authorizing an Amendment to the Bridges Office 26 Development AUAR 27 28 MOTION/SECOND: Thomas/Marty. To waive the reading and adopt Resolution 6645 29 Authorizing an Amendment to the Bridges Office Development AUAR. 30 31 Ayes-4 Nay-1 (Stigney) Motion carried. 32 33 B. Continued Public Hearing from August 22, 2005 for Resolution 6600 A 34 Transfer of Ownership of an On-Sale Intoxicating Liquor License for Jake’s 35 Sports Café located at 2400 Highway 10. Transfer of Ownership is from 36 Mounds View Jake’s Inc., to Thomas Stuart 37 38 Administrative Assistant Crane stated that a Public Hearing was opened on August 22, 2005 for 39 public comment for this transfer of license. No public comment was made. Thomas Stuart has 40 submitted the City liquor license application materials (to include the application to stay open 41 until 2 a.m. per Ordinance 717), and the applicable fees. 42 43 Administrative Assistant Crane advised that the report from the Minnesota Department of 44 Criminal Apprehension for Thomas Stuart came back as satisfactory. Jake’s Sports Café has 45 Mounds View City Council September 26, 2005 Regular Meeting Page 9 paid in full the utility billing and the City’s Fire Marshal has inspected the location currently 1 called Jake’s Sports Café and issued a satisfactory report. 2 3 Administrative Assistant Crane noted that Thomas Stuart still needs to submit a Certificate of 4 Insurance for his liquor license. She advised that she informed Mr. Stuart that this Certificate is 5 needed before the City can forward his application to the Minnesota Department of Public 6 Safety. City Administrator Crane stated Staff recommends that the City Council approve City 7 Tavern’s On Sale Intoxicating Liquor License pending receipt of their Certificate of Insurance. 8 9 Councilmember Flaherty noted they are requesting to remain open until 2 a.m. and asked if that 10 is also in effect for other establishments. Administrative Assistant Crane answered in the 11 affirmative, noting Roberts and the Mermaid are both open until 2 a.m. 12 13 MOTION/SECOND: Gunn/Thomas. To waive the reading and adopt 6600 A Transfer of 14 Ownership of an On-Sale Intoxicating Liquor License for Jake’s Sports Café located at 2400 15 Highway 10. Transfer of Ownership is from Mounds View Jake’s Inc., to Thomas Stuart. 16 17 Ayes-5 Nays-0 Motion carried. 18 19 C. Consideration of Resolution 6637 Approving Bid Package One for Fire 20 Station Number 5 Site Work 21 22 Fire Chief Zikmund introduced Mark Halveson, Project Executive, and Pat Sims, Project 23 Manager. 24 25 Mr. Halveson stated bids for Package One were opened on September 22, 2005 and there are five 26 contracts to be awarded. Staff interviewed all apparent low bidders and all are Minnesota 27 contractors, two of which are local firms. Mr. Halveson stated he is happy to report that the bids 28 are within one-half of one percent of the budget at this point. 29 30 Mr. Halveson advised they expect Bid Pack Two for the building package and remaining 31 elements to be issued mid-October for bids on that packet, which will be due mid-November. 32 33 Mr. Halveson presented the apparent low bidders for the five contracts as follows: Northland 34 Contractor for the earthwork; Nobel Nursery for the landscaping; Midwest Asphalt for the 35 asphalt and site concrete; Northland Concrete for the footings and foundations; and Moline 36 Concrete for the pre-cast concrete. Mr. Halveson reviewed the bid recap summary. 37 38 Finance Director Beer asked about the large discrepancy of $100,000 between the bid from 39 Northwest Asphalt and the engineer’s estimate for the earthwork. Mr. Halveson explained that 40 Alternate 3 is a significant soil correction item that was not included in the original engineer’s 41 estimate but was included in the addendum after the budget was set. 42 43 MOTION/SECOND: Flaherty/Marty. To waive the reading and adopt Resolution 6637 44 Approving Bid Package One for Fire Station Number 5 Site Work. 45 Mounds View City Council September 26, 2005 Regular Meeting Page 10 1 Ayes-5 Nays-0 Motion carried. 2 3 Fire Chief Zikmund thanked the Council for this action and advised that this matter will go to the 4 Spring Lake Park Council next week and Blaine City Council on October 6. He invited all to 5 attend the ceremonial ground breaking on October 11 at 5 p.m. 6 7 Fire Chief Zikmund reported that the Blaine City Council did approve the bid for the purchase of 8 two fire engines and awarded the contract to General Safety Equipment. Staff will probably take 9 both engines since they will include some additional features if both are ordered. 10 11 On the EMAC request, Fire Chief Zikmund advised that staff continues to be in stand down 12 mode and no further action has been requested. 13 14 Mayor Marty asked the Fire Chief to pass on the City’s appreciation to the Fire Department for 15 their work after the storm. 16 17 Fire Chief Zikmund reported the Fire Department had responded to 70 calls during that 14 hour 18 period or 15% of their total volume. The only serious call was a structure collapse but the state 19 patrol officer who lived in that area had already rescued the lady. 20 21 D. Consideration of Resolution 6636, a Resolution Approving a Minor 22 Subdivision of 7851 Spring Lake Road 23 24 Community Development Director Ericson explained that Donald Olson has requested approval 25 to subdivide his lot located at 7851 Spring Lake Road. As proposed, the subdivision would split 26 off the rear 255 feet of 7851 Spring Lake Road, creating a land-locked lot. Mr. Olson resides at 27 2933 Oakwood Drive, directly south of the proposed new lot, and would like the new lot added 28 to his Oakwood Drive parcel to provide more backyard space. 29 30 Director Ericson noted the proposed subdivision is in the form of a Registered Land Survey. In 31 this case, there are four tracts of land created by the subdivision. Tract A runs the length of 7851 32 Spring Lake Road and ranges in width from 7 feet to 16 feet. It would be deeded to the owner to 33 the north at 7865 Spring Lake Road. That will correct a 16 foot discrepancy between the plated 34 lines of the subdivision and where the monuments are located. Tract B is an eight foot wide strip 35 along the front of 7851 Spring Lake Road. This would be deeded to the City as Spring Lake 36 Road right-of-way. Tract C is the improved remainder of that lot while Tract D would be the 37 back of the lot, to be added to 2933 Oakwood Drive where Mr. Olson has his home. 38 39 Director Ericson advised this property was reviewed by the Planning Commission and it found 40 the remaining lot satisfies all regulations. Tract D would satisfy all requirements if fronting 41 right-of-way but it does not front full right-of-way so the City is requesting a deed restriction be 42 added that would indicate “Tract D does not constitute an independent buildable lot and shall not 43 be developed for any purpose other than typical accessory uses implied or expressly permitted by 44 the Mounds View Zoning Code.” He advised that the City Attorney’s office has reviewed this 45 Mounds View City Council September 26, 2005 Regular Meeting Page 11 language and found no issues with the subdivision. The Public Works Department suggested the 1 lot line of Tract C and D be lined up with the property to the south but the survey monuments 2 have already been set and the mylars for the registered land survey produced so Staff 3 recommends the City accept it as submitted. He advised that Mr. Olson has consented to 4 easements and park dedication is not applicable since no new lots are being created. Director 5 Ericson explained that a public hearing was not required but Staff did notify adjacent property 6 owners and no comments were received. Staff and the Planning Commission recommend 7 approval and Mr. Olson is in the audience to answer questions, if any. 8 9 Mayor Marty asked about the restriction recommended for Tract D and how enforceable it would 10 be since it would qualify as an independent lot. Director Ericson stated that is correct and is why 11 it is important to include that restriction since it does not front on a full right-of-way. He stated 12 his understanding that deed restrictions are difficult to get rid of and at some point, if Knollwood 13 Drive is improved and goes through, then the property owner at that time can request the City to 14 remove that deed restriction. Until that time, the restriction assures that the property cannot be 15 built upon except for typical accessory uses. 16 17 Mr. Olson stated he has nothing to add and asked the Council to approve the request. 18 19 MOTION/SECOND: Thomas/Stigney. To waive the reading and adopt Resolution 6636, a 20 Resolution Approving a Minor Subdivision of 7851 Spring Lake Road. 21 22 Ayes-5 Nays-0 Motion carried. 23 24 E. Resolution 6601 Awarding a Construction Contract for the Emergency 25 Vehicle Preemption (EVP) Installation Project 26 27 Public Works Director Lee stated the City received and opened six bids on September 20, 2005 28 for the construction contract for the Emergency Vehicle Preemption (EVP) Installation Project. 29 The low bid was from Eagan Companies, Inc. at $59,500. The engineer’s estimate was $60,000. 30 He reviewed that Staff did receive quotes about a month ago but they were rejected since the 31 dollar amount was in excess of $50,000 and the City Attorney recommended competitive bids be 32 received. Public Works Director Lee recommended the Council adopt the resolution awarding a 33 construction contract to Eagan Companies, Inc. and entering into a maintenance contract with 34 Ramey County for the EVP systems. 35 36 Councilmember Flaherty commented on the language of the County’s contract that indicates all 37 the costs are to the City of Mounds View and that the City is always liable. He noted he found 38 no dollar figure reflected. Public Works Director Lee explained that the devices would be 39 owned, operated, and maintained by the City which is why the Ramsey County contract reflects 40 that the City is responsible for the cost and liability. 41 42 Councilmember Flaherty asked if the Ramsey County vehicles would be tied into this system. 43 Public Works Director Lee answered in the affirmative. 44 45 Mounds View City Council September 26, 2005 Regular Meeting Page 12 Councilmember Thomas asked if there is an idea of the yearly maintenance costs. Public Works 1 Director Lee estimated it will be virtually zero maintenance except for minor maintenance once 2 in a while. He stated the systems are rugged and reliable so there is very little maintenance until 3 replacement in 25-30 years. 4 5 Mayor Marty stated he also reviewed the County contract and asked if the City already pays for 6 the signal system power. Public Works Director Lee stated that is correct. 7 8 Mayor Marty stated if the lights were changed to LED, the power would be reduced. Public 9 Works Director Lee stated the City is already in the process of switching the lights to LED. 10 11 Mayor Marty noted the contract indicates that only vehicles responding to an emergency as 12 defined in Minnesota Statutes can operate the system. He asked the Police Chief if they can be 13 set off by law enforcement personnel while in pursuit to alleviate a possible accident. Police 14 Chief Sommer answered in the affirmative. 15 16 Mayor Marty noted the contract indicates Ramsey County will receive a report each time the 17 system is used and asked if the City can also get a report. Public Works Director Lee stated the 18 City will not get a report unless that is requested. 19 20 Mayor Marty noted if the County deems the system is being misused, then they can turn it off. 21 He stated he would like the City to also get the report so they are aware of how often the system 22 is being used. Public Works Director Lee stated he can make that request and noted the reports 23 are probably periodically monitored by Ramsey County. 24 25 Mayor Marty stated he is happy the cost came down a little. Public Works Director Lee stated 26 the cost came down enough to cover the City’s cost to advertise for bids. 27 28 MOTION/SECOND: Gunn/Stigney. To waive the reading and adopt Resolution 6601 Awarding 29 a Construction Contract for the Emergency Vehicle Preemption (EVP) Installation Project. 30 31 Ayes-5 Nays-0 Motion carried. 32 33 F. Resolution 6623 Approving the Renewal of the 2005-2006 School Resource 34 Officer Agreement Between the Cities of Mounds View and New Brighton 35 and ISD #621 36 37 Police Chief Sommer stated this contract is up for renewal for the 2005-2006 school year. He 38 reviewed that last year there was discussion about this and the amount to contribute for this 39 position was reduced in order to fund a third sergeant police position in the Mounds View Police 40 Department. The amount was reduced from roughly $12,500 to $7,400, which is paid by 41 Mounds View to New Brighton to fund the School Resource Officer. Police Chief Sommer 42 advised that New Brighton is committed to have this officer in place regardless of the funding 43 and it has already been approved by the school district. He stated that New Brighton would 44 probably like the funding increased if Mounds View would like to do so. 45 Mounds View City Council September 26, 2005 Regular Meeting Page 13 1 Mayor Marty reviewed that about a year ago when another sergeant was discussed, Staff had 2 indicated New Brighton Director of Public Safety Bob Jacobson was surprised that Mounds 3 View was paying anything. 4 5 City Administrator Ulrich explained the portion of cost is divided by the students from Mounds 6 View and New Brighton. The New Brighton City Manager did request that Mounds View pay its 7 proportional share of the officer and is requesting $5,100 more than the amount presented 8 tonight. If the Council approves paying the original amount, he would recommend tabling so 9 Staff can identify an additional $5,100 in funding. Last year it was discussed and cleared with 10 New Brighton to put those costs towards Supervisory Staff of the Police Department. 11 12 Mayor Marty stated it was also mentioned that New Brighton didn’t really see the need for 13 Mounds View to pay so funding was reduced to provide funding for a third sergeant. Now it 14 appears they have changed their minds. 15 16 City Administrator Ulrich stated it was not their Council’s direction but the City Manager who is 17 making the request, probably in their budget considerations and 12.5% increase in levy. 18 19 MOTION/SECOND: Stigney/Flaherty. To waive the reading and adopt Resolution 6623 20 Approving the Renewal of the 2005-2006 School Resource Officer Agreement Between the 21 Cities of Mounds View and New Brighton and ISD #621 with $7,400 as annual contribution. 22 23 Councilmember Thomas asked if the City has done a calculation of the number of Mounds View 24 students. Police Chief Sommer stated it is a rough number but close to what it would be. Last 25 year it was $12,500 and this year there would be a 3-4% increase. 26 27 City Administrator Ulrich noted the Mounds View City Council will be going to New Brighton 28 for the next six months to use their City Hall free of charge. 29 30 Councilmember Stigney suggested there should be “no strings attached” to hold meetings at the 31 New Brighton City Hall. 32 33 Mayor Marty stated that New Brighton has been a good neighbor to Mounds View and many 34 departments work together, including Public Works. He stated he would support this motion and 35 then hold additional discussion at the next Council Work Session. 36 37 Councilmember Thomas stated this is a contract so approving it now and then trying to change it 38 later may be difficult to accomplish. She noted it could be tabled for two weeks to find 39 additional funding. 40 41 Mayor Marty asked if there is a deadline for the contract. Police Chief Sommer stated the school 42 year has started and payment is typically made at the end of the year. 43 44 Mayor Marty noted there is time to table this consideration for two weeks. 45 Mounds View City Council September 26, 2005 Regular Meeting Page 14 1 SUBSTITUTE MOTION/SECOND: Thomas/Marty. To postpone consideration of Resolution 2 6623 Approving the Renewal of the 2005-2006 School Resource Officer Agreement Between the 3 Cities of Mounds View and New Brighton and ISD #621 to the next Council meeting. 4 5 Mayor Marty asked if Staff will be able to prepare budget information within two weeks. City 6 Administrator Ulrich answered in the affirmative. 7 8 Councilmember Stigney stated his support to keep funding at the current level. 9 10 Councilmember Thomas noted that is still an option. 11 12 Councilmember Stigney stated he is not interested in a two week postponement, but to approve it 13 at the current level tonight. 14 15 Substitute Motion to Postpone: 16 17 Ayes-3 Nays-2 (Flaherty, Stigney) Motion carried. 18 19 Mayor Marty asked if the Council could meet the shared Irondale Officer while the Mounds 20 View Council is meetings at the New Brighton City Hall. Police Chief Sommer stated he will 21 make that request. 22 23 Mayor Marty reviewed language in the contract and asked if it should indicate that Edgewood is 24 a middle school since it is not an elementary school. Police Chief Sommer stated the City has an 25 independent consideration for Edgewood School so it is not included in this contract. 26 27 G. Resolution 6638 Authorizing Assistant to the City Administrator Job 28 description and appointing that position to Desaree Crane 29 30 City Administrator Ulrich stated it is recommended this resolution be adopted which authorizes 31 the Assistant to the City Administrator position and appointing that position to Desaree Crane. 32 He reviewed the job responsibilities that Ms. Crane has assumed, many being the duties of the 33 Assistant City Administrator with the vacancy of that position at the end of 2002. Since that 34 time, Ms. Crane has received compensation at a rate of ten percent (10%) above her level and 35 continued to do the duties. 36 37 City Administrator Ulrich advised that Labor Relations has performed an assessment of the 38 Assistant to the City Administrator position in terms of number of points relative to other jobs in 39 the City. They also looked at comparable pay scales to other similar jobs throughout the 40 metropolitan area. He noted that Ms. Crane recently received her Bachelor’s Degree and done a 41 great job in this position. The proposed rate would go from $22.63 an hour to $26.93 an hour. It 42 would be a new position with a new title. Because the job has been performed for the last two 43 years, Staff recommends action be retroactive to July 1, 2005 and pay be implemented at Step 5 44 at the current job position. 45 Mounds View City Council September 26, 2005 Regular Meeting Page 15 1 Mayor Marty noted the indication that this is an exempt and non-union position, so it is a 2 management position. He asked if this should be salaried and not hourly. City Administrator 3 Ulrich clarified that it is a salaried position and exempt from overtime but broken down in the 4 report to show the hourly rate. Currently Ms. Crane does qualify for overtime pay. 5 6 Mayor Marty commented that Ms. Crane has done a great job and grown into the job. He stated 7 he does not know what the City would do if she left and he believes this is well warranted. He 8 advised that during his exit interview, former Finance Director Charlie Hanson stated that his 9 department and all departments are understaffed but if an Assistant to the City Administrator 10 could cover some duties from each department, all would be helped out. He noted that Ms. 11 Crane has been doing that all along and he saw it as an excellent suggestion by Mr. Hanson. 12 13 Councilmember Thomas asked if the old position would be phased out. City Administrator 14 Ulrich stated the position would be vacated and taken off the books so it would not be filled. He 15 noted it is not in the budget to be filled next year and if, in the future, it is to be filled, Council 16 can look at it at that time. 17 18 MOTION/SECOND: Marty/Flaherty. To waive the reading and adopt Resolution 6638 19 Authorizing Assistant to the City Administrator job description and appointing that position to 20 Desaree Crane. 21 22 Councilmember Stigney stated he thinks Ms. Crane does an excellent job and he is happy to see 23 her go towards this position. However, he does not support filling it using Stanton 6 to justify 24 the salary of a $9,000 immediate raise and another 3% raise at the beginning of the year when 25 someone is started at Step 5. He noted the Human Resources Committee, of which he is a 26 member, has been looking at alternatives to Stanton 6. He does not think the Council should deal 27 with Stanton 6 in the trading of new jobs. Rather, it should be followed through on the 28 promotions through the steps for the existing jobs. He suggested the Human Resources 29 Committee be allowed to look at other options, such as property based tax rates of comparable 30 cities. He stated he thinks it is the wrong time to proceed with this. 31 32 SUBSTITUTE MOTION: Stigney. To Postpone consideration of Resolution 6638 Authorizing 33 Assistant to the City Administrator Job description and appointing that position to Desaree 34 Crane, until resolved by the Human Resources Committee. 35 36 Councilmember Gunn read the memorandum that indicates there is no Stanton 6 matching these 37 duties and that the Human Resources Committee did review the job description and 38 recommended Ms. Crane be reclassified. 39 40 Councilmember Stigney stated he serves on the Human Resources Committee and did not make 41 that statement at all. What was asked is to go out and point existing duties at this time, not 42 creating a new position based on Stanton. 43 44 Mounds View City Council September 26, 2005 Regular Meeting Page 16 City Administrator Ulrich clarified that the recommendation is not based on Stanton because this 1 type of position and this breadth of duties does not exist in the standard group of six cities. It is 2 looking at the total market and what the salary range would be across different cities for a job of 3 this type. He stated that Councilmember Stigney is correct that the Human Resources Committee 4 has made a commitment to look at the salary structure based not solely on Stanton 6 but different 5 combinations of cities to determine what would be the best structure for Mounds View. At this 6 time, this salary level is irrespective of Stanton 6 but fits within jobs performed doing similar 7 work at other cities regardless of the Stanton group they fall into. 8 9 Councilmember Stigney stated he does not agree with all of those statements and does not see 10 where overnight this job creates a $9,000 increase in salary, especially when you have not 11 compared against comparable cities based on tax base, which the Human Resources Committee 12 is working on. He noted if the action is postponed it allows time for the Human Resources 13 Committee to make that comparison. 14 15 SECOND: /Marty for discussion purposes. 16 17 Mayor Marty stated it is not creating a new job because this job has been here for years. The new 18 job was created in 2000 or 2001 to change the Assistant City Administrator position to be 19 Assistant to the City Administrator. The position has been vacant since 2002 and Ms. Crane has 20 been doing the job since that time. 21 22 City Administrator Ulrich pointed out that if talking about replacing the job vacated in 2002, that 23 job is yet another step above this job, or an additional $20,000 more than this recommendation. 24 The recommendation puts the position at a level commensurate with the job responsibilities at 25 this time. 26 27 Councilmember Thomas stated this position replaced the job before that one was elevated. She 28 suggested this is a different position even though the same title so it is creating a new job 29 position. Councilmember Thomas stated this is the salary rate and the question is whether it is 30 fair to pay Ms. Crane for what she does. That is the decision to be made, whether or not it is 31 creating another job. 32 33 Duane McCarty, 8060 Long Lake Road, stated the Charter requires this position and the City 34 Administrator is authorized to appoint that position. He stated when the Charter was written it 35 looked at staffing and a weakness was an overextending of the chief officer. This provision was 36 written into the Charter in 1980, that the Administrator had the authority to appoint an assistant 37 with the approval of the Council. 38 39 Councilmember Stigney stated his concern is not the title of the job but the enumeration being 40 paid whether Stanton has the position or not. He stated the position should be based on tax 41 capacity of comparable cities rather than proceeding at this time. Councilmember Stigney stated 42 that Ms. Crane is the perfect person to fill the position but that is not the issue. 43 44 Mounds View City Council September 26, 2005 Regular Meeting Page 17 Councilmember Thomas stated it is a comparison to the other jobs we have in Mounds View and 1 this is paying an equitable amount compared to the jobs we already have here. She agreed that 2 Stanton 6 is not the way to do it but that would require a complete reworking of all positions not 3 negotiated by labor union and it is not fair to ask for a delay until that correction occurs. 4 5 Mayor Marty agreed and stated that coming up with our own plan requires looking at all 6 positions in the City and some may have a pay freeze until the adjustment is made, or it could go 7 the other direction. He stated he does not think it is justified to start that change with this one 8 position. 9 10 Substitute motion to postpone: 11 12 Aye-1 (Stigney) Nays-4 Motion failed. 13 14 Motion to approve: 15 16 Ayes-4 Nays-0 Abstain-1 (Stigney) Motion carried. 17 18 H. Consideration of Holding a Special City Council Meeting prior to the 19 Transfer of Real Property Commonly known as The Bridges of Mounds 20 View Golf Course 21 22 City Administrator Ulrich reviewed that there are a number of items for the Council to consider 23 to close the sale to Medtronic by September 30, 2005 and a special meeting would have to be 24 called, requiring at least a 3-day notice. He distributed a list of eight items and stated if the 25 meeting is to be held on Thursday, it would have to be posted this evening. He reviewed other 26 potential meeting dates. 27 28 City Attorney Riggs explained that these items were dealt with in a different capacity, either 29 through contract or as result of the contract or transaction. Staff felt the Council should consider 30 them again before they are finalized. He stated the items are being finalized today and tomorrow, 31 based on timing of deeds and leases received as well as proposed language for various 32 agreements for the closure of the golf course. City Attorney Riggs stated that those items are 33 listed as either separate resolutions or separate agreements that he, Staff, and Ehlers felt should 34 go before the Council so they have a good understanding of what is called for and the finalized 35 items for this project. 36 37 Mayor Marty stated he was thinking about adding a ninth item and asked if the Council would 38 like to hold a special meeting on Thursday. He stated Medtronic’s building is going higher 39 instead of wider and using less of the 72.2 acres. He stated the last he heard they were using 25-40 30 acres. 41 42 Director Ericson indicated he cannot state the exact acreage but that sounds about right. 43 44 Mounds View City Council September 26, 2005 Regular Meeting Page 18 Mayor Marty stated that Medtronic talked about the eastern part being retained as unimproved 1 green space and asked if there is a possibility to rezone that section as open space to ensure it will 2 remain open space. City Attorney Riggs stated that is a possibility but not proposed at this time. 3 He noted it is currently designated as an Outlot and not developable until considered by the 4 Council and rezoned. 5 6 Mayor Marty stated it has been rezoned. Director Ericson stated it is platted as an outlot and the 7 City is currently under the process of rezoning. It would not be subject to development until 8 replatted as a lot. Director Ericson stated Staff can open the discussion with Medtronic about 9 considering a different zoning for the outlot. 10 11 City Administrator Ulrich stated another option is a conservation or drainage easement to assure 12 conservation. 13 14 Mayor Marty stated he wanted to bring it up before the “ink is dry” so it is not too late to 15 preserve that area as open space. 16 17 City Attorney Riggs stated he distributed a suggested agenda after discussion with Staff. If the 18 City were to receive a complaint tomorrow, that should also be discussed. City Attorney Riggs 19 explained that such a complaint would go to the League and their assigned attorney will deal with 20 it. 21 22 Councilmember Flaherty stated he is out of the State on Thursday and not available for a special 23 meeting. 24 25 City Attorney Riggs stated it is hoped that all five Councilmembers can be present but if not the 26 meeting could be held on Monday. 27 28 City Administrator Ulrich noted a Council Work Session is already scheduled for Monday. 29 30 Mayor Marty suggested that the Special Council meeting start earlier, at 6:00 p.m. The Council 31 agreed. 32 33 Duane McCarty, 8060 Long Lake Road, asked if the agenda items will be available before the 34 meeting. City Attorney Riggs answered in the affirmative. 35 36 Councilmember Thomas noted the agenda may be changed and does not need to be posted until 37 Thursday. 38 39 Mayor Marty announced that a Special Council meeting will be held on Monday, October 3, 40 2005, starting at 6 p.m. 41 42 I. Resolution 6640 Authorizing the Payroll/Utility Billing Technician Job 43 Description and appointing that position to Debbie Jasper 44 45 Mounds View City Council September 26, 2005 Regular Meeting Page 19 City Administrator Ulrich advised that Payroll/Utility Technician, Debbie Jasper, has assumed 1 several important human resource duties since the vacancy of the Assistant City Administrator at 2 the end of 2002. The Payroll/Utility Billing Technician was asked to take over these duties, and 3 for those duties continues to be compensated an additional 5% of her base pay (Resolution 6006). 4 The Human Resource duties that were added to the position deal with payroll, insurance 5 coverages, and reporting to the State as well as safety inspections. 6 7 City Administrator Ulrich stated this is an important job and he does not see these duties 8 changing to another position because of their relationship to payroll. This position is budget 9 neutral, there is no additional compensation other than the 5% increase would remain permanent. 10 11 Mayor Marty noted Ms. Jasper has been doing this job and the action would make it official. 12 City Administrator Ulrich stated that is correct. 13 14 MOTION/SECOND: Thomas/Gunn. To waive the reading and adopt Resolution 6640 15 Authorizing the Payroll/Utility Billing Technician Job Description and appointing that position 16 to Debbie Jasper. 17 18 Councilmember Stigney questioned the job description and suggested reference to the golf course 19 be stricken since there will be no golf course. He asked about processing health, dental, 20 reporting new hires, and whether there is an overlap with Ms. Crane’s responsibilities. City 21 Administrator Ulrich stated these duties relate to payroll and there is no overlap. 22 23 Ayes-5 Nays-0 Motion carried. 24 25 J. Resolution 6641 Authorizing the Transfer of Assets from The Bridges of 26 Mounds View Golf Course to the Mounds View Parks and Recreation 27 Department 28 29 City Administrator Ulrich that this resolution authorized the transfer of golf course equipment 30 and items to the Park and Recreation Department as well as a list of items to be sold at the 31 October 20, 2005 auction. Council authorized an auctioneer and Staff is working with them to 32 get these items ready for auction. The actual auction will proceed with closure of the property. 33 City Administrator Ulrich advised that a number of items have been identified by the Parks and 34 Recreation Department as being necessary and desirable for the City’s operation and would come 35 from the golf course. City Administrator Ulrich presented Exhibit A and explained it was 36 reviewed by Public Works and Parks and Recreation Staff and the Parks and Recreation 37 Commission to assure the City really needed this equipment, storage needs are addressed, as well 38 as maintenance costs associated with this equipment. The list was developed based on that input. 39 40 City Administrator Ulrich stated the golf manager reviewed the list of items to be auctioned and 41 expanded it to include Exhibit B, dated September 19, 2005. He advised of the last minute 42 adjustments that were made and provided to the Council tonight. City Administrator Ulrich 43 noted that Medtronic has not requested the ability to purchase the irrigation system and pond 44 aerator and that can be considered on the October 3, 2005 agenda. If pulled out, the City would 45 Mounds View City Council September 26, 2005 Regular Meeting Page 20 get only a fraction of the value compared to if it remains in place. Staff will present that 1 recommendation to the Council for consideration. 2 3 City Administrator Ulrich stated three items would be reserved with a minimum bid price: the 4 Jacobson Greens Mower, the Toro Sprayer Fertilizer, and Bobcat Skid Loader. Those three 5 items have a substantial value while others on the list are fully or near fully depreciated. The 6 Skid Loader is only one year old and the minimum bid would be $22,000. He noted there has 7 been interest in purchasing the green turf from another golf course and private parties may also 8 be interested. Sand trap sand may also be of interest for purchase. City Administrator Ulrich 9 explained that turf and sand would be sold in lots as is and buyers given ten days to pick it up. 10 The buildings would be sold on site and with the City Hall being remodeled to include some of 11 the excess equipment and furniture in the auction. 12 13 Mayor Marty asked about the Toro Sprayer. 14 15 Golf Course Golf Course Manager Burg stated she sent an e-mail to Mr. Ulrich today that 16 included the value of the sprayer. It is now being recommended that the sprayer be transferred to 17 the Parks and Recreation Department. She explained that golf course staff used to do the 18 spraying in the City. The unit was purchased at $7,500 as a demo equipment and used for two 19 seasons. 20 21 Mayor Marty stated the Number 9 green sod was partially replaced and cost about $20,000. He 22 stated he talked with Dave Parker who indicated the irrigation system, heads, timers, and clocks, 23 installed, cost $250,000 to $500,000. He asked if the difference can be split with Medtronic so 24 the City gets at least $125,000 for it. He noted that would be more than if the system were 25 removed and sold. 26 27 Golf Course Manager Burg stated the irrigation system is definitely more valuable if sold 28 installed. She advised that calls have been received for the parts, noting the heads cost $100 each 29 and there are probably 10 heads per hole. 30 31 Mayor Marty stated if all the heads were transferred to the Public Works for use in City parks, it 32 would probably be worth about $7,000 to buy them used. If buying new heads, it would cost the 33 City about $25,000. 34 35 City Administrator Ulrich stated Medtronic is interested in the irrigation system so Staff will try 36 to work out something. 37 38 Golf Course Manager Burg noted that installation is worth about one-half of the cost. 39 40 Mr. McCarty stated he knows some people in the golf course business and asked if it is possible 41 to set a minimum bid on the irrigation system, in particular the pump. He suggested the system 42 be put up for the auction both with them taking it out or the buyer taking it out. Mr. McCarty 43 noted that two come-alongs will be transferred to the Parks and Recreation Department at $10 44 each, which is not enough. He stated he would offer $50 for them. 45 Mounds View City Council September 26, 2005 Regular Meeting Page 21 1 City Administrator Ulrich asked Finance Director Beer to address the transfer issue. 2 3 Finance Director Beer explained that no money is transferred between funds, it would be only a 4 paper transfer since the City already owns the equipment. 5 6 Ken Glidden, 5240 Edgewood Drive, stated there are two items in discussion valued at $125,000 7 in one case, and roughly $180,000 in the other. Both items were raised by concerned citizens 8 before this Council; the sale of the greens and irrigation system, both were brought up in 9 meetings at the Council. 10 11 Mr. Glidden stated this resolution establishes a date for the transfer of assets if sold. He asked 12 the Council to consider the other proceedings heard at the meeting tonight. He asked again if the 13 resolution establishes a date for the transfer. 14 15 Mayor Marty stated the identified items will be sold at public auction on October 20, 2005. 16 17 Mr. Glidden stated the Council heard some things this evening and should consider what that 18 date should be. He stated it seems premature to him. 19 20 Councilmember Stigney asked about the number of portable telephones. Golf Course Manager 21 Burg stated the portable telephone is a landline phone and was on the fixed asset list. The other 22 telephones are less in value than would be on a fixed asset list. 23 24 Councilmember Stigney asked if the Nextel telephones would be auctioned. Golf Course 25 Manager Burg stated they would be turned back and the contracts expired. 26 27 Councilmember Stigney asked if there is more than one picnic table and benches on the golf 28 course. 29 30 Golf Course Manager Burg stated Mr. Jahnke wants one picnic table but a lot of them are being 31 moved to the Parks and Recreation Department. 32 33 Councilmember Stigney noted that the Parks and Recreation Department is taking three tables 34 and one is being auctioned. He asked if there are only four tables. Golf Course Manager Burg 35 stated she was told to put items on the list that were over $100 in value. 36 37 City Administrator Ulrich stated that is correct and other items of lesser value will be included in 38 the auction, possibly in lots. 39 40 Councilmember Stigney noted the reference to one cable dish. Golf Course Manager Burg stated 41 they do not have cable service but have satellite so it would be the dish and converter. 42 43 Councilmember Stigney noted 14 golf carts are listed and asked how the rest would be disposed 44 of. 45 Mounds View City Council September 26, 2005 Regular Meeting Page 22 1 Mayor Marty asked if everything at the golf course was inventoried. Public Works Director Lee 2 stated an inventory list was not created but the items of value were listed. 3 4 Councilmember Stigney asked if all the items should not be included in the list for the 5 auctioneer. He asked if all items at the golf course will be auctioned that are not being 6 transferred to another department. City Administrator Ulrich answered in the affirmative. 7 8 Councilmember Thomas stated Council also asked about the irrigation system and Golf Course 9 Manager Burg had indicated the City will get more if it can be negotiated for sale by leaving it in 10 the ground. 11 12 Mr. McCarty stated his question was how it would be appraised, in the ground or out of the 13 ground. At an auction, it is an open bidding process and you can do well if people are willing to 14 remove the system, or they bid based on the City doing the removal and piling it in a trailer. Mr. 15 McCarty stated the City can set a minimum bid but maybe you can get more on an open auction 16 and let someone take out the system. Mr. McCarty stated he did not think it was very 17 competitive to let Medtronic have it for $125,000. He stated they are very expensive to install 18 and there may be people willing to bid higher. He commented that “nothing ventured, nothing 19 gained.” 20 21 Councilmember Thomas stated the irrigation system has been discussed several times and anyone 22 bidding on it would then have to pay for installation. She stated even in the bid process she does 23 not think anyone would bid $125,000 for the pieces because they then have to pay for 24 installation. She stated she is comfortable with negotiating the sale leaving the system in place. 25 26 City Administrator Ulrich stated he asked Golf Course Staff to give an estimate of the system if it 27 was not installed. That estimate can be compared to what Medtronic would pay for a system that 28 is in place and operational. 29 30 City Attorney Riggs stated the Council is talking about selling the system as a fixture, pulling it 31 out and auctioning it, or if it is over $50,000 having to competitively bid it on the sale. He asked 32 the Council to keep in mind that if it is valued over $50,000, the City will have to get competitive 33 bids and cannot auction it. 34 35 Councilmember Flaherty asked who installed the system and suggested they be asked for a bid on 36 how much it is worth in the ground, or if removed and sold. 37 38 Councilmember Stigney stated the metal Quonset building is a similar issue. It is pieced together 39 and he suggests that rather than auctioning it off, to contact the distributor and see if they are 40 interested in purchasing it. He noted the distributor would have a market for interested buyers. 41 42 Golf Course Manager Burg stated the building was purchased and installed by Staff. When it 43 needed a new door, Staff found out that the building was no longer being made. She stated the 44 building comes apart with bolts and can be erected on another site. 45 Mounds View City Council September 26, 2005 Regular Meeting Page 23 1 City Administrator Ulrich stated that staff will contact those distributors and determine a cost. 2 He stated Staff will also amend the list to show the Toro Sprayer is being transferred to the Parks 3 and Recreation Department. 4 5 Mayor Marty noted another Toro Cart with Sprayer is listed. Golf Course Manager Burg 6 explained there are two sprayers but one cannot be sold because it is worn out and replacement 7 parts are no longer available for the sprayer. However, the cart could be sold as a workcart. 8 9 MOTION/SECOND: Thomas/Stigney. To waive the reading and adopt Resolution 6641 10 Authorizing the Transfer of Assets from The Bridges of Mounds View Golf Course to the 11 Mounds View Parks and Recreation Department with revisions as discussed. 12 13 Ayes-4 Nay-1 (Marty) Motion carried. 14 15 K. Assess Acquisition Opportunities Associated with Harstad’s Red Oak Estates 16 #3 Townhome Project 17 18 Community Development Director Ericson stated that this item was presented at the last meeting 19 but not considered at that time. He explained that recently Mr. Harstad received court approval 20 to move forward with the project and is now going through Rice Creek Watershed District 21 approval. There was discussion of making an offer to Mr. Harstad for all or some of the lots in 22 Red Oak Estates #3 so they could be offered for sale in a manner consistent with the City’s 23 Comprehensive Plan. The current project would not be consistent with the Comprehensive Plan. 24 25 Director Ericson asked if the Council is interested in making such an offer. If so, he 26 recommended they schedule an Executive Session to discuss negotiating a price for acquisition. 27 If the Council does not want to consider this item, it can be removed from the agenda. He noted 28 that the trees are still there and no permits have been pulled so it is a good opportunity to discuss 29 this option. 30 31 Mayor Marty stated that at the neighborhood meeting with Mr. Harstad, one of the biggest 32 concern of residents in this area was the amount of traffic to be generated on Louisa and 33 Clearview by all the trips from the owners at the ends of those streets on Greenwood. Everyone 34 has come to the realization that along County Road H2 it is in the Comprehensive Plan for higher 35 density housing and County Road H2 is better equipped to handle that traffic. Also, the people on 36 the north side of Louisa Avenue like looking at the woods but know there are major drainage 37 issues and a swale was to be dug behind their and the Harstad property but it was never 38 completed. They would like the drainage issues taken care of to prevent flooding because their 39 sump pumps are running constantly. 40 41 Mayor Marty stated the rest of the neighborhood had concerns about the wetlands bordering 42 Long Lake Road. The biggest concern was the amount of extra traffic. He stated maybe the 43 Council should look at the area along Greenwood Drive. He noted Mr. Harstad came before the 44 Council several years ago and talked about single-family along Greenwood Drive but, at that 45 Mounds View City Council September 26, 2005 Regular Meeting Page 24 time, he was putting twin homes along County Road H2 and that was more amenable than any 1 other plan. Mr. Harstad wanted to tie it to Long View Estates on Silver Lake Road but the 2 Council felt it was two separate projects so they were dealt with separately. 3 4 Mayor Marty stated he would be amenable to discussing this and thinks the residents in this area 5 would also. 6 7 Councilmember Thomas stated it is talking about 33 units along Greenwood Drive. She noted 8 the City will not be able to purchase per acre because Mr. Harstad would want it purchased by 9 unit. Mayor Marty stated there are actually 34 units. 10 11 Mayor Marty referenced the staff report indicating: “…if the City felt the interior lots (taking 12 access from Louisa and Clearview) would be better suited for open space, wetlands preservation 13 or stormwater management, perhaps grants could be obtained to assist in that preservation.” He 14 asked what are the possibilities for grants for wetland preservation. 15 16 Director Ericson stated that from time to time grant programs are available for green corridors 17 that connect and staff can explore all opportunities for funding. However, it is not realistic to 18 think that one hundred percent of the acquisition could be covered by a grant. 19 20 Mayor Marty stated when the theater was constructed, it was counted as an overflow to handle 21 the drainage from the theater. He stated it seems to him that the wetland was taken into 22 consideration as far as the 100-year storm excess run off. Director Ericson stated it is not his 23 recollection that the property was considered as overflow but the water does flow in that 24 direction from the theater. He noted the historical direction of water flow did not change with 25 the construction of the theater site and the amount of flow did not increase. 26 27 Mayor Marty asked if there is Council consensus to discuss this matter in closed cession. 28 29 Councilmember Stigney stated Mr. Harstad won his law suit and should be able to develop as 30 awarded. 31 32 Councilmember Flaherty stated he thinks the Council should look at it and determine whether it 33 would be fiscally prudent to even consider. He stated that he is willing to talk about it in closed 34 session, make an offer, and see what the City gets. 35 36 Mayor Marty asked if that would have to be discussed in closed session. Director Ericson 37 answered in the affirmative. 38 39 City Administrator Ulrich stated the City is not yet at a point to make a specific offer and maybe 40 the Council direction would be to direct Staff to start working with other developers to try and 41 bridge the gap between the cost to Mr. Harstad and end development sale. He stated it may be 42 possible to talk with developers to see if there is even potential for a different type of 43 development. 44 45 Mounds View City Council September 26, 2005 Regular Meeting Page 25 Councilmember Thomas stated if the City is to put out an expense, it is in maintaining control 1 over the runoff and to then turn around, at some point, when it may be feasible to do single-2 family. But, the Council is not going to be at that point until the development on County Road 3 H2 is completed. She stated to protect the wetland is the value that could be discussed at this 4 point as well as to have lower traffic numbers. 5 6 Councilmember Flaherty stated that is not an option unless it is looked at whether the City should 7 consider making an offer. 8 9 Councilmember Thomas stated her suggestion is to discuss true cost at face value without 10 considering a revenue after development. 11 12 Mayor Marty stated if the City starts talking to other developers about marketing, it may take too 13 long and the trees could be bulldozed. 14 15 Councilmember Gunn asked if they are considering all or part of the land, or one of the ponds. 16 She stated the Council also needs to discuss where the money would come from. 17 18 Mayor Marty stated it seems to him the cost will be too prohibitive. He noted the issues are 19 wetlands, traffic safety, and adhering to the Comprehensive Plan on the eastern-most section. 20 21 Councilmember Thomas stated she thinks that 34 units will be cost prohibitive but is fine with 22 talking about it. 23 24 Mayor Marty asked if the Council wants to hold a 10-minute executive session tonight following 25 adjournment. 26 27 Councilmember Flaherty stated he does not know what the Council would even discuss. 28 29 Director Ericson stated he has consulted with Mr. Harstad who indicated he will not delay his 30 development while the City explores projects with other developers or conducts studies. He 31 advised that Mr. Harstad has indicated he is willing to consider an offer, if made, or he will move 32 forward. 33 34 City Attorney Riggs stated the Council needs to state on the record the definition of the property 35 being considered. 36 37 Councilmembers Flaherty, Gunn, and Thomas indicated a willingness to hold a 10 minute closed 38 session to assess the acquisition opportunities associated with Harstad’s Red Oak Estates #3. 39 40 L. Resolution 6643 Disposal of Golf Course Memorial Items 41 42 Golf Course Manager Burg explained that a family came to the golf course and asked to receive 43 back a tree they planted in memory of their loved one. She stated she returned the memorial 44 plaque to them. The Japanese Lilac tree is next to Judicial Ditch #1 and will be within the 45 Mounds View City Council September 26, 2005 Regular Meeting Page 26 building pad. She stated this tree is important to this family. Golf Course Manager Burg stated 1 there is also a sign on the Club House and they have requested the sign. 2 3 Golf Course Manager Burg stated several have also requested their name plate from the “Hole in 4 One” plaque. There are several plaques memorializing the club championship for the men and 5 women. Golf Course Manager Burg explained that some making the request are the children of a 6 deceased parent. Otherwise it will go to the City archives. 7 8 MOTION/SECOND: Gunn/Flaherty. To waive the reading and adopt Resolution 6643 Disposal 9 of Golf Course Memorial Items. 10 11 Councilmember Stigney asked if there is a problem with removal of the tree. City Administrator 12 Ulrich stated if the trees were being sold at auction it would be an issue but there is no issue if 13 the donator picks up the tree. 14 15 Mayor Marty stated he wondered about bringing the plaque out front on the rock to the City Hall. 16 17 Ayes-5 Nays-0 Motion carried. 18 19 Golf Course Manager Burg asked if the golf course should still be closed on Wednesday if the 20 sale has been delayed. She stated business is slow but people are still coming to get in their last 21 round of golf. She stated she and Ken Manthis will be there anyway. 22 23 Councilmember Thomas noted a resolution was adopted on the closing date and asked if that 24 paperwork can be handled. City Administrator Ulrich stated if the Council wants to keep it open 25 for several more days, Council can adopt a resolution tonight. 26 27 Councilmember Thomas asked if it will impact wages. City Administrator Ulrich stated there 28 will be no impact. He noted that there has been a lot of communication with residents about 29 when the last date will be. 30 31 Golf Course Manager Burg stated that even today people called who were not aware of the 32 closing so she thinks some people will still come and she is certain that more dollars can be 33 made. 34 35 Mayor Marty stated Dave Parker told him that the green grass has to be watered every three to 36 four days. Golf Course Manager Burg agreed that it is high maintenance and takes a lot of effort 37 to keep it alive, noting that during the summer months they water it twice a day. She stated that 38 customers will keep coming and as long as she is there she has no problem with selling another 39 token so the City can make more money. 40 41 City Administrator Ulrich stated he recalls the date to close was established by Council 42 consensus. He recommended the Council consider a motion to extend the closing date. 43 44 Mounds View City Council September 26, 2005 Regular Meeting Page 27 MOTION/SECOND: Marty/Thomas. To keep the golf course open through Monday, October 3, 1 2005. 2 3 Ayes-5 Nays-0 Motion carried. 4 5 Mr. McCarty stated his comments about the sale of golf course items should in no way indicate 6 that he has changed his mind in any way about the sale of the golf course. He stated he is asking 7 a question as a taxpayer and stepping aside from his position as Chair of the Mounds View 8 Citizens Taxpayers Association because he has not discussed this with the Board of Directors, 9 nor does he intend to represent them. Mr. McCarty stated this law suit is going forward and the 10 question revolves around the validity of the Charter process regarding the sale of the property. 11 He indicated the Petition Committee has made it very clear that they wholeheartedly disagree 12 with the City’s opinion that this is not a referendum item. That is why they are going forward 13 with the law suit, to decide that. Mr. McCarty stated that we do not know what the outcome will 14 be because of all the exchanges between the City’s representative and theirs will take time. 15 16 Mr. McCarty asked, as a citizen, should the Citizens Taxpayers Association prevail, the vote be 17 ordered, and citizens denied the sale of that land, where does that leave us. He stated that this 18 Council and staff continues to plod forward having had more than ample notice that this was 19 their intention and Ms. Haake again provided documentation this evening laying our their 20 feelings on this situation. He stated the City received plenty of notice that this was happening but 21 continued to plod on and on knowing full well they had nothing to petition Judicial District 2 22 with until they had a sufficient petition. Mr. McCarty stated all of these things will come into 23 play. 24 25 Mr. McCarty asked if the judge and courts decides that the election must be held and the citizens 26 turn down the authority to sell that property, where will that leave the City of Mounds View 27 should that happen. Mr. McCarty stated no one can guess the outcome but if it does turn out that 28 way, he would like an answer rather than the “old stonewall stares” we have become so 29 accustomed to. 30 31 City Attorney Riggs stated the City does not yet have a complaint to respond to. If received, it 32 will be turned over immediately to the League of Minnesota Cities defense and there may likely 33 be bonding requirements because the City has contractual obligations to fulfill at this time. He 34 noted case law discusses that and he is sure Mr. McCarty and the group have looked at that issue. 35 There are not insignificant costs coming to the City, to the developer, to the State, and to the 36 County at this time. 37 38 Councilmember Thomas stated you have provided ample forewarning and Council has provided 39 ample discussion of their thoughts as well. She stated that all of these factors and possibilities 40 were included in every decision she made so she will have to proceed on a day-by-day basis. She 41 noted this is not new information and she had the feelings and opinions in mind when she had to 42 make the decisions before and will respond on a day-by-day basis as needed. 43 44 Mounds View City Council September 26, 2005 Regular Meeting Page 28 Mr. McCarty stated if the ability to sell the property is overturned by the voters, what can we 1 expect and anticipate. 2 3 Councilmember Flaherty stated he appreciates Mr. McCarty’s hard work and he knows the 4 meeting protocol is to funnel everything through the Mayor who needs to recognize the members 5 to make a comment. He stated the blank stares may be in waiting for the Mayor to recognize 6 them for a comment. Councilmember Flaherty stated he knows he could talk with Mr. McCarty 7 all night long but the “shots across the bow” commenting about blank stares, are not appropriate 8 and beneath Mr. McCarty to even bring up. 9 10 Mr. McCarty stated Councilmember Flaherty should be addressing his comments to the Mayor. 11 He stated he will not in any way apologize or back off his comment about the “stonewall stares” 12 because this Council has not given them answers. He stated they should go back and look at the 13 film. Mr. McCarty stated he is asking for an answer from the Mayor as the presiding officer and 14 if a Councilmember wants to confer with the Mayor and give their ideas on what the answer 15 would be, he has all night long. 16 17 Councilmember Stigney stated he fails to see where this item has any place on the agenda at this 18 time and pointed out that the discussion before the Council is a resolution disposing of golf 19 course memorial items. Now Mr. McCarty has come up, asked questions, and changed the whole 20 thing. He stated that if Mr. McCarty wants to discuss this during public comments that would be 21 the place to do it. Or put it on the agenda, or discuss it with the City Administrator but not take 22 over this Council meetings by asking a bunch of questions that have nothing to do with the 23 agenda. 24 25 Mayor Marty stated Mr. McCarty is raising the issue to see how the Council will respond. He 26 stated that is why he would not vote in support of disposal of golf course property, because we do 27 not know where this is going. He stated as far as “blank stares,” the Council does look and 28 attend to citizens. Mayor Marty stated he has stood before other councils and they did not pay 29 attention to him and while maybe this Council does not have answers on the tip of their tongues, 30 if the Council is looking at you, they are aware of you. 31 32 Mr. McCarty invited the Council to review the August 22, 2005 meeting tape when he put a 33 paper up here in respect for the three minute gag rule. With regard to whether or not he has the 34 right to ask these questions, it surprised him to no end that long tenured Councilmembers still 35 have not read the City Charter with respect to the citizen’s right to address this Council on any 36 issue before the Council whether it’s during the public comments and requests section or not. It 37 includes every item the Council deals with on the agenda that the Council shall not prevent 38 citizen comments or requests on those subjects and it is not restricted only to that portion of the 39 agenda at the beginning of the meeting. 40 41 Mr. McCarty asked about the disposal of golf course equipment. He stated the Council has had 42 fair warning that the Council should be considering what will happen to him as a tax payer. He 43 stated he will ask again and then give up knowing he won’t get an answer again. Mr. McCarty 44 asked what will happen if the voters prevail and this Council, the City, is enjoined from divesting 45 Mounds View City Council September 26, 2005 Regular Meeting Page 29 that property without having adhered to all Charter requirements, you can’t sell it. If that 1 happens, where does that leave him as a taxpayer of the City of Mounds View. He asked if the 2 City has considered what the coming obligations may be in terms of Ramsey County, the 3 developer, the applicant, and the list goes on. He stated quite obviously, regardless of what over 4 1,100 citizens had to say who signed the petition, or he has said, or the people he has been 5 working with, the Council has kept plodding on oblivious of their concerns. Mr. McCarty stated 6 that is the Council’s choice and responsibility and will have to stand for that. But, as a citizen 7 taxpayer, he asked if the Council has considered, or is there even a guess of how much it will 8 cost the City should the City loose and the residents prevail on this question before the courts. 9 He asked if there has been any guess at all or understanding or consideration of the risk being 10 taken having been fully informed and appraised of a potential suit on this issue. 11 12 Councilmember Thomas stated the Council cannot speculate on legal situations they are not yet 13 in. That being said, she stated she somewhat takes offense at the term “being oblivious to the 14 concerns of the residents” because the Council is not and every step and decision was fully 15 considered. She stated she does not have a number and will not speculate legal conditions that 16 are not before the Council. She stated that with every choice that was made the Council fully 17 considered the opinions of those they agreed with and those they did not agree with. 18 19 Mayor Marty stated this can be debated all night and he has thought about this and a number of 20 different scenarios. He stated that even when the group brought in the petition, the Council 21 cannot go on hypotheticals until faced with something. Once the Council is, then they will 22 address that. 23 24 Mr. McCarty asked if the Council has considered speculating on the obvious. Mayor Marty 25 stated that until the Council is faced with a suit, that is when the Council will have to take it 26 seriously. 27 28 M. ITEM DELETED 29 30 N. Resolution 6646 Declaring a Local Emergency as a Result of the September 31 21st Storm 32 33 Mayor Marty stated he met with City Administrator Ulrich, Police Chief Sommer who is also the 34 Emergency Management Coordinator, and Councilmember Flaherty to sign an emergency 35 declaration. 36 37 Police Chief Sommer explained that a local emergency may be declared only by the Mayor of a 38 municipality for the purpose of activating the City emergency operation plan and authorizing aid 39 and assistance. The local emergency declaration empowers the City to enter into contracts and 40 incur obligations necessary to combat the emergency by protecting the health and safety of 41 persons and property, and providing emergency assistance to those in need without compliance 42 with time consuming procedures and formalities prescribed by law pertaining to the performance 43 of public work. 44 45 Mounds View City Council September 26, 2005 Regular Meeting Page 30 Police Chief Sommer explained that declaring a local emergency is necessary in order for the 1 City to receive financial aid, should it become available, for the cleanup. He recommended that 2 the City Council declare a local emergency as a result of the storm of September 21, 2005. 3 4 Mayor Marty stated a resident indicated that the City Forester had determined a tree was twisted 5 off which would not happen with straight line winds so it is an indicator of tornadic activity. 6 Mayor Marty stated he thinks there were some tornadoes that may not have touched down but did 7 skip over the City. 8 9 Mayor Marty stated Representative Bernardy’s letter to the Governor is also included to seek 10 State aid for the clean up. He requested the rest of the Council’s blessing on the resolution 11 declaring an emergency declaration. 12 13 MOTION/SECOND: Marty/Flaherty. To Waive the Reading and Adopt Resolution 6646 14 Declaring a Local Emergency as a Result of the September 21st Storm. 15 16 City Administrator Ulrich stated that City Forester Rick Wriskey has been very helpful to 17 identify the downed trees and commended him for the great job he has done for both Mounds 18 View and New Brighton. 19 20 Mayor Marty stated he and Councilmember Flaherty walked through a neighborhood where the 21 power lines were located in the back of the property lines. He advised that trees had grown 22 through those power lines and it was stated that during a storm when a tree falls down, whole 23 neighborhoods can be without power. He explained that Nextel is having a difficult time getting 24 their truck into these areas. Mayor Marty stated he would like to raise that issue before the 25 Council and suggested areas of above ground power lines should be looked at to see if they can 26 be buried. 27 28 Councilmember Thomas stated he had the same conversation with that resident and asked Staff 29 to bring forward suggestions if there are ways to make Nextel’s job easier. She cautioned about 30 the need to determine the City’s responsibilities and Nextel’s responsibilities. 31 32 Councilmember Flaherty agreed with the benefit of discussing this in the future because there is a 33 lot of growth in the easement area. However, the City must first be asked by Nextel to help. 34 35 Councilmember Gunn stated she has noticed that some of the streets are starting to flood and 36 suggested residents check and clean out the storm drains. 37 38 Councilmember Stigney stated a resident called him and said he would like to learn from Nextel 39 Energy how they determine priority on which neighborhoods to first turn on electricity. 40 41 David Jahnke, 8428 Eastwood Road, stated Nextel is responsible for the lines and laid off a lot of 42 employees to cut costs. His neighborhood only lost power for two hours because several years 43 ago their neighborhood got together and all called in to say they would not pay their bill if they 44 lost power so Nextel cleaned out the trees and brush to assure they would not lose power. 45 Mounds View City Council September 26, 2005 Regular Meeting Page 31 1 Ayes-5 Nays-0 Motion carried. 2 3 CONSIDER EXTENSION OF RULES 4 5 Mayor Marty noted it is has passed 10:00 p.m. 6 7 MOTION/SECOND: Thomas/Gunn. To extend the meeting beyond the official 10:00 p.m. 8 adjournment time. 9 10 Ayes-5 Nays-0 Motion carried. 11 12 9. CONSENT AGENDA 13 14 Councilmember Thomas asked to remove Item G. Mayor Marty asked to remove Item B. 15 16 A. Resolution 6612 Approving a Tobacco and a Restaurant License for City 17 Tavern located at 2400 Highway 10 in Mounds View. 18 B. Resolution 6624 Authorizing an Expenditure from the DARE Fund to Train 19 a New DARE Officer. This item was removed for a separate vote. 20 C. Resolution 6625 Authorizing the Purchase of 800MHz Portable Radios for 21 the Police Department. 22 D. Resolution 6626 Designating the East side of Edgewood Drive from County 23 Road H to Woodale Drive a No Parking Area. 24 E. Establish an Executive Session of the City Council Immediately Following 25 the City Council Meeting to Consider Possible Acquisition of Real Estate 26 F. Set a Public Hearing for 7:05 PM, Monday, October 10, 2005 (at the New 27 Brighton City Hall) to Consider the Development Stage Plans, Preliminary 28 Plat, Vacation and Rezoning Associated with the Medtronic CRM Project. 29 G. Resolution 6642 Changing Public Hearing Dates for the Proposed General 30 Fund Budget and Property Tax Levy for Fiscal Year 2006. This item was 31 removed for a separate vote. 32 H. Licenses for Approval 33 I. Set a Public Hearing for 7:10 PM, Monday, October 10, 2005 (at the New 34 Brighton City Hall) to Consider the Second Reading and Adoption of an 35 Ordinance Vacating an Easement Associated with the SYSCO Second 36 Addition Major Subdivision. 37 38 MOTION/SECOND: Gunn/Flaherty. To Approve the Consent Agenda Items A, C through F, H 39 and I, as presented. 40 41 Ayes-5 Nays-0 Motion carried. 42 43 B. Resolution 6624 Authorizing an Expenditure from the DARE Fund to Train 44 a New DARE Officer 45 Mounds View City Council September 26, 2005 Regular Meeting Page 32 1 Mayor Marty stated this is a good idea and asked when and where is the training. Police Chief 2 Sommer stated there are several training sessions this fall but none are in Minnesota or close 3 enough to drive. He stated the location will depend on where he is able to attend. 4 5 MOTION/SECOND: Marty/Stigney. To Waive the Reading and Adopt Resolution 6624 6 Authorizing an Expenditure from the DARE Fund to Train a New DARE Officer. 7 8 Ayes-5 Nays-0 Motion carried. 9 10 G. Resolution 6642 Changing Public Hearing Dates for the Proposed General 11 Fund Budget and Property Tax Levy for Fiscal Year 2006 12 13 MOTION/SECOND: Gunn/Flaherty. To Waive the Reading and Adopt Resolution 6642 14 Changing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy 15 for Fiscal Year 2006 to Monday, December 5, 2005, starting at 6:00 p.m., and a continuation 16 meeting date of Monday, December 12, 2005. 17 18 Ayes-5 Nays-0 Motion carried. 19 20 10. APPROVAL OF MINUTES 21 22 A. August 22, 2005 City Council Meeting Minutes 23 24 The following corrections were requested: 25 26 Page 6, Lines 34, 41, and throughout, correct name to “Sebesta” 27 Page 7, Line 1, should read: “contacted Mr. Ericson on July 27, after…” 28 Page 7, Line 5, should read: “Attorney was received prior to the vote but the actual contract was 29 not received until July 29, when City Administrator…” 30 Page 7, Line 20, should read: “stated he was on vacation until July 29th. Mayor Marty stated that 31 is when I requested it.” 32 Page 13, Line 6, “…is selling for $8.65 million so the City …” 33 Page 25, Line 19, should read: “…adjacent rights-of-way.” 34 Page 25, Line 22, should read: “…the former SYSCO land” 35 Page 25, Line 23, should read: “encompasses 46 acres…” 36 Page 25, Line 30, should read: “…TIF qualified costs.” 37 Page 25, Line 31, should read: “…adopt Resolution 6594A…” 38 Page 25, Line 33, should read: “Resolution 5494B…” 39 Page 40, Line 5, should read: “one. City Attorney Riggs answered…” 40 Page 40, Line 37, should read: “seats by 100% of the residents…” 41 42 MOTION/SECOND: Marty/Flaherty. To Approve the August 22, 2005 City Council meeting 43 minutes as corrected above. 44 45 Mounds View City Council September 26, 2005 Regular Meeting Page 33 Ayes-5 Nays-0 Motion carried. 1 2 B. September 12, 2005 City Council Meeting Minutes 3 4 The following corrections were requested: 5 6 Page 23, Lines 39 and 41, correct the name to: “Sebesta” 7 8 Mayor Marty asked staff to check the video tape to verify his statement on Page 5, Lines 29 and 9 30. 10 11 MOTION/SECOND: Flaherty/Marty. To Approve the September 12, 2005 City Council 12 meeting minutes as corrected above. 13 14 Ayes-5 Nays-0 Motion carried. 15 16 11. REPORTS 17 18 C. Reports of Mayor and Council 19 20 Councilmember Flaherty stated residents really pitched in to help each other out after the 21 Wednesday night storm. He stated it did his heart good to see the community come together and 22 he applauds residents for helping each other. 23 24 Councilmember Stigney stated during the last meeting the Mayor stated it was a fact that 25 residents were giving golf course staff a hard time and followed a beverage cart employee home. 26 At the meeting, he had questioned if Mayor Marty had personal knowledge and cautioned that 27 Mayor Marty should not be discussing it. Councilmember Stigney stated there was an 28 investigation and determined it was not factual, unsubstantiated, and unfounded. He cautioned 29 the Mayor about making such comments that are not factual. 30 31 Mayor Marty stated he talked to the golf course employees too and there was some 32 miscommunication. 33 34 Councilmember Stigney stated there was no substantiation and in the future he would 35 recommend the Mayor contact the Police Chief for documentation. 36 37 Mayor Marty commended all the citizens for their response after the storm and stated Staff went 38 above and beyond, as did neighbors and friends. He thanked everyone for pitching in and noted 39 that residents are still helping. 40 41 Mayor Marty stated that hauling of branches up to eight feet will start tomorrow. He noted the 42 information is on the web site and if residents don’t want to wait, they can haul it to the storm 43 debris dump site in New Brighton. 44 45 Mounds View City Council September 26, 2005 Regular Meeting Page 34 Councilmember Gunn cautioned residents to not create huge bonfires fires in their back yard. 1 Mayor Marty agreed and noted recreational fires require a burning permit, a fire ring, and cannot 2 burn yard waste. 3 4 Councilmember Thomas pointed out that hauling is starting on the south side but cleaning is still 5 occurring in that area so she would like them to have additional time to assure they are not 6 missed. 7 8 Mayor Marty stated there may be a possibility of a pass through next week if they are still 9 working to clear the trees. 10 11 Councilmember Thomas explained that this particular neighborhood was not able to start the 12 cleanup right away so she would like consideration of just that one particular block and is not 13 suggesting another sweep of the entire City. 14 15 Mayor Marty stated he mentioned earlier that the top of a resident’s tree was twisted off and that 16 was recognition of a tornado. He asked if that would qualify the City for more assistance. City 17 Administrator Ulrich stated it would not because the consideration is the amount of property 18 damage. 19 20 Mayor Marty mentioned Ms. Haake’s earlier caution for residents to be careful about checking 21 with their insurance companies and to shop around for a tree removal contractor. 22 23 B. Reports of Staff 24 25 1. Announce that City Hall is temporarily moving to the Mounds View 26 Community Center 27 28 City Administrator Ulrich announced that the City Hall will be moving to the Community Center 29 for approximately six months starting Monday, October 3, 2005. He advised that the City Hall 30 will be closed on Friday, September 30, and the Mounds View Community Center will be closed 31 on Saturday, October 1, in order to allow for moving. 32 33 City Administrator Ulrich noted the City Police Department will temporarily relocate to the 34 Ramsey County Sheriff’s Office in Arden Hills. A police report writing station will be located at 35 the Mounds View Community Center so officers will be there on occasion as well. 36 37 City Administrator Ulrich explained that the remodeled City Hall will be available for occupancy 38 by April 1, 2006. For people who wish to drop off utility bills, a drop off box will be provided 39 inside the community center during extended business hours only. 40 41 City Administrator Ulrich announced that beginning October 10, 2005, all Mounds View public 42 meetings will be held at the New Brighton City Hall. The Council Work Session of October 3, 43 2005 and Planning Commission of October 5, 2005 will be held in the Mounds View Council 44 Chambers. He advised that the meetings will continue to be televised. 45 Mounds View City Council September 26, 2005 Regular Meeting Page 35 1 Councilmember Stigney asked if Council will have access to the Community Center to pick up 2 meeting packets. City Administrator Ulrich stated there are some extended hours so mailboxes 3 could be considered. Director Ericson suggested Staff explore the temporary option of delivering 4 meeting packets. 5 6 Mayor Marty asked whether all of the telephone numbers will remain the same. City 7 Administrator Ulrich answered in the affirmative. 8 9 2. Update of The Bridges of Mounds View Golf Course Auction 10 11 City Administrator Ulrich stated questions were raised about the auction process at the last 12 meeting. He explained bidding “by choice” on like items so the winning bidder will have choice 13 to purchase all like golf carts for the same price as the first. Reserve bids will be used sparingly 14 and on two items identified as high valued items. He advised that the buildings will be sold in-15 place and 90 days will be available to remove large buildings. Inspection will be allowed starting 16 at noon the day before and 8:00 a.m. the day of the auction. 17 18 Councilmember Stigney asked about bidding by choice and noted they can buy as many or all, 19 not just all. City Administrator Ulrich stated that is correct. 20 21 3. Active Living Ramsey County Meeting 22 23 City Administrator Ulrich reminded the Council of the Active Living Ramsey County meeting 24 that will be held this Thursday, September 29, 2005, at 4:30 p.m., at the New Brighton Family 25 Service Center. There will be some national speakers to address improving walkability 26 throughout the community and it is sponsored by Blue Cross Blue Shield. 27 28 4. Cable Broadcast Problems 29 30 Councilmember Thomas stated the cable broadcast has been problematic and formally requested 31 an official report on what is the problem and how it can be fixed. She stated she has found it 32 extremely frustrating to turn on the channel and find only a black screen. 33 34 Mayor Marty asked about the process for hiring a cable replacement. City Administrator Ulrich 35 stated Staff is in the process of wrapping up the applications. He stated he is exploring the 36 option of sharing this position with New Brighton where each City would have one-half of a 37 position. The Cable Commission will look at applications in early October and put forward an 38 offer for the position in mid-October. 39 40 Mayor Marty suggested a joint position with Mounds View, New Brighton, and Arden Hills. 41 City Administrator Ulrich stated he will look into that option. 42 43 Mounds View City Council September 26, 2005 Regular Meeting Page 36 5. Update of the NW Area Library Taskforce 1 2 Director Ericson provided an update on the Northwest Area Library Taskforce meeting of 3 September 15, 2005. He advised that several Mounds View, Arden Hills, and New Brighton 4 residents were in attendance. He indicated he had presented information on the community and 5 several residents asked what the City’s position would be or is with regard to the Mounds View 6 Branch Library – to keep it open or have a more regional based library system. 7 8 Director Ericson stated he explained to everyone in attendance that the City would work with the 9 Library Board and Task Force. However, the Council supports the Mounds View Branch Library 10 and would like to see it remain in place. Another meeting is scheduled on September 28, 2005, 11 at the New Brighton Family Service Center at 7 p.m. He stated it would be good to have City 12 representation at that meeting. 13 14 6. National Association of Industrial and Office Properties Survey 15 16 Director Ericson distributed information on the survey from the National Association of 17 Industrial and Office Properties of metro cities. The survey asked this question: “What would it 18 take in local fees and processing time to develop this building.” Seventy-nine cities responded 19 and surprisingly, for the most part, Mounds View is where other communities are with regard to 20 fees in building and plan review. In other areas, Mounds View is very far below what other cities 21 are charging. He stated this survey is enlightening and if he has time he will provide a summary 22 of where Mounds View ranks when compared to the other cities. 23 24 Finance Director Beers stated he attended an MGFOA seminar on fees and their caution was the 25 fees are to be based on the cost of the service, not what other cities are charging. 26 27 C. Reports of City Attorney 28 29 Nothing to report. 30 31 12. Next Council Work Session: (Mounds View City Hall) Monday, October 3, 2005 32 Next Council Meeting: (New Brighton City Hall) Monday, October 10, 2005 33 34 13. ADJOURNMENT 35 36 The meeting recessed to Executive Session to consider acquisition of property known as Red 37 Oak Estates #3 at 10:53 a.m. 38 39 Transcribed and recorded by: 40 41 42 Carla Wirth 43 TimeSaver Off Site Secretarial, Inc. 44