HomeMy WebLinkAboutMinutes - 2005/11/14• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
IPPRpyEO
Regular Meeting
November 14, 2005
New Brighton City Hall
803 01d Highway 8, New Brighton, MN 55112
7:30 P.M.
1. MEETING IS CALLED TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Marty, Stigney, Gunn, Flaherty, and Thomas
NOT PRESENT: None.
•
4. APPROVAL OF AGENDA
A. Monday, November 14, 2005 City Council Agenda
MOTION/SECOND: Gunn/Thomas. To Approve the Monday, November 14, 2005 agenda as
presented.
Ayes -5
5. PUBLIC INPUT
Nays - 0 Motion carried.
Rick Perrozzi, 7791 Groveland Road, referenced the action taken by the EDA to authorize the
demolition of 7861 Groveland Road. He suggested the Council consider asking Habitat for
Humanity to construct a home or the VoTec School to use the house as training for students to
fix it up.
Mr. Perrozzi stated he owns the PAK building, which is a nightmare. He stated he requested and
received a plan from Velmeir but it is too small to read. He then requested a larger sized plan but
has not yet received it. Mr. Perrozzi he has been told he was not an engineer so he hired an
engineer. He asked if the Council would direct the City engineer to meet with his engineer to try
and resolve this issue.
Mr. Perrozzi stated he had four tenants who wanted to rent the building and with those rent
proceeds, we could have fixed the building. However he lost those tenants, the income to fix the
building, and wants to straighten this out. Mr. Perrozzi asked whether it was a City engineer or a
contracted engineer who approved this plan.
Mounds. View City Council November 14, 2005
Regular Meeting Page 2
• Mayor Marty asked about the new plans and whether the City has a foil sized set of plans.
Community Development Director Ericson stated the City does not have a set of plans and after
his last conversation with Mr. Perrozzi, he thought he was making progress.
Mr. Perrozzi stated he hired an engineer to review the plans and they were supposed to give him
a full sized set of plans. He stated he cannot believe that they are handling their business in this
way. He stated he has now been waiting 19 days for a larger sized plan. He stated he is tired of
mediating and will probably go to litigation. He stated he will not plow the lot this winter but
just clear a path.
Mayor Marty reviewed that last year, about this time, they wanted to finish the parking lot and
this was to be done. Director Ericson stated that was also his understanding that it was to be
done. He stated he understands Mr. Perrozzi's frustration in having to wait for plans but all the
City can do is react to what is being presented. The City has no set of plans to review and was
told last week that a plan would be provided. He advised that SEH reviewed the plans originally
when the Velmeir / CVS project went forward. SEH would be available for a fee to review those
plans.
Mr. Perrozzi stated he is trying to mediate the process without going to court but if they won't
meet with him, he will file a suit and they will be served with a summons. He stated he has been
in construction for 30 years but had to hire an engineer who said the project was doomed from
the start because of the grades and elevations. He stated this is his last effort to try and find out
what went wrong before it goes into court.
Councilmember Thomas stated the City Engineer is not available to just sit down and review
plans without a contract. She asked how that would solve the problem.
Director Ericson stated he is not sure and maybe Mr. Perrozzi's engineer should provide points
on what is wrong with the plan. He stated staff would need a plan to react to and a letter from the
engineer identifying the deficiencies.
Councilmember Thomas stated she does not want to put high hopes on a review that just creates
another "hoop" for Mr. Perrozzi to "jump" through and does not do anything for either party.
She stated she wants to know the end goal and not consider something that is just "window
dressing" and accomplishes nothing.
Mr. Perrozzi stated he asked about that the last time he spoke to the Council. He noted this plan
was approved by the City so he is questioning the integrity of the City Engineer's reviewal and
recommendation. He asked if the cause was for the property to be damaged so the City could
come in and buy it. He restated that the City has some sort of liability because their engineer
recommended the. plan for approval and they built it. He asked who signed off on the
• engineering plan.
Mounds View City Council November 14, 2005
Regular Meeting Page 3
• Councilmember Thomas stated her opinion that it is not the intention to question the integrity of
the City Council and that would not have been allowed to happen.
Mr. Perrozzi stated the City withheld money and asked if they will use it to finish the parking lot.
He stated his attorney is recommending they take this matter into court.
Councilmember Flaherty stated when the plans originally came in, they were reviewed by the
City. He asked if they were reviewed with the surrounding businesses. Director Ericson stated
the elevations did extend into the surrounding properties when the City's engineers reviewed the
plans, it was with the ability to see the impact with the adjoining properly.
Councilmember Flaherty asked if they were impacted. Director Ericson stated it is difficult to
make a single statement on the impact because the plans were changing every other week. There
was an initial desire to tie the two properties together with a shared access and parking lot. But,
at some point, that did not work or the plans were changed so a curb cut was added to separate
the two properties and the drainage directed to the back of the lot with a series of catch basins
and draining into the pond. Because that project was not finished, the drainage went into Mr.
Perrozzi's back yard. The grading and drainage has now been changed and assured all of the
PAK drainage is being captured and directed toward the catch basin with no impact to Mr.
Perrozzi's property.
Mr. Perrozzi stated he talked to the Rice Creek Watershed District and they had the impression,
when they reviewed those plans, that Velmeir owned all of the property. He stated he has always
indicated that he is open to meeting and talking about the issues.
Councilmember Flaherty asked if the CVS building was to have on-site panding and if it was
encroaching on the PAK building. Director Ericson stated all the retention ponding is on the
CVS property with no impact to the PAK property.
Mr. Perrozzi again asked if he could have his engineers meet with the City's engineers to
determine how the plans got approved this way. Otherwise, he will turn it over to his attorney.
Councilmember Thomas asked if this meeting would help in any way or what would help solve
this problem.
Mayor Marty asked if Mr. Perrozzi should use his attorney.
Director Ericson stated the issue is that Mr. Perrozzi does not have his parking lot and Velmeir
has agreed to make certain improvements to the PAK property but that has not occurred. He
suggested that what has to happen is for Velmeir to come forward and make the improvements.
Mr. Perrozzi stated he had no problem with selling the property for development but not if it
compromised the PAK building.
Mounds View City Council November 14, 2005
Regular Meeting Page 4
• Mayor Marty clarified that it is not the City but Velmeir who has not lived up to what they agreed
to do. Velmeir is not doing harm against the City but harm against Mr. Perrozzi who will need to
take the proper action.
Mr. Perrozzi stated Velmeir has now sold the property to someone else. Also Michael Fox, who
owns the apartments, is in a predicament because he is not in compliance with Code so they want
him to sign a quit claim deed. Now the bank is mad because they hold title to a piece of property
that is not clear. He suggested that shoddy work was done and they are not standing behind their
work.
Councilmember Flaherty agreed that it is not the City's issue but Velmeir who has made
promises. He stated that Mr. Perrozzi has been at Council meetings since he's been on the
Council. Councilmember Flaherty stated he felt that Mr. Perrozzi has been getting stonewalled
so it may behoove the City to make a call to Velmeir and ask what is going on.
Mr. Perrozzi stated if he gets his parking lot in then it will be fine but if not then he will take it
into court.
Councilmember Thomas stated three months ago Mr. Perrozzi asked the City to call Velmeir and
that was done but nothing happened. She suggested staff be directed to make another telephone
call and if Velmeir is not responsive, then staff should immediately contact Mr. Perrozzi and let
him know. Councilmember Thomas stated she is not sure what more the City can do.
• Mr. Perrozzi asked how lon the Ci can hold the bond mone of 17 000. Director Ericson
g n' Y $ ,
stated there is a two-year maintenance bond on the project. Mr. Perrozzi stated that $17,000 is
not enough to finish the parking lot and questioned how that has "teeth."
Mayor Marty asked Director Ericson to contact Velmeir and report back to the Council.
6. SPECIAL ORDER OF BUISESS
None.
7. COUNCIL BUSINESS
A. 7:05 p.m. Public Hearing to Consider the First Reading and Introduction of
Ordinance 766, an Ordinance Authorizing the Vacation of a Drainage and
Utility Easement Associated with the Belting Development
Community Development Director Ericson explained that associated with the Belting
redevelopment property there is an excess drainage and utility easement. It was configured based
on the layout of the building but that layout has changed so the ordinance would vacate the
drainage easement and place another in alignment with the back of the building. The RCWD
• supports it as subscribing to the best management practices. He advised that an ordinance is
Mounds View City Council November 14, 2005
Regular Meeting Page 5
required when an easement is vacated. Tonight the Council is being asked to consider the first
reading.
Mayor Marty opened the public hearing at 8:00 p.m.
Mayor Marty asked about staff's recommendation that the public hearing not be closed. Director
Ericson recommended the public hearing remain open to ensure people who have received notice
can provide input at the November 28, 2005 meeting as well.
MOTION/SECOND: Gunn/Thomas. To continue the public hearing, waive the First Reading,
and Introduction of Ordinance 766, an Ordinance Vacating an Excess Drainage and Utility
Easement Associated with the Belting Office Development.
Ayes-5 Nays-0 Motion carried.
B. 7:10 p.m. Public Hearing to Consider Resolution 6657 Adopting a Special
Assessment Levy for Delinquent Public Utility Accounts
Mayor Marty opened the public hearing at 8:03 p.m.
Finance Director Beer explained the public hearing is to receive public input regarding the
• proposed assessment of delinquent public utility accounts. A legal notice of this public hearing
was published in the October 26, 2005 edition of the New Brighton-Mounds View Bulletin.
Individual notices went out on October 19, 2005. He noted the full roll of the assessments has
been provided in the Council information but some property owners have already paid to avoid
the $25 administrative fee. After tonight the $25 administrative fee will apply and the assessment
interest will be 5%.
There being no public input, Mayor Marty closed the public hearing at 8:04 p.m.
Mayor Marty pointed out that the list of delinquencies is not as long or amounts as large as in
previous years.
Councilmember Gunn asked if the market and laundry has paid. Finance Director Beer stated
they have made arrangements to make payment.
MOTION/SECOND: Flaherty/Stigney. To waive the reading and adopt Resolution 6657
Adopting a Special Assessment Levy for Delinquent Public Utility Accounts.
Ayes-5 Nays-0 Motion carried.
C. 7:15 p.m. Public Hearing to Consider Resolution 6658 Adopting a Special
Assessment Levy for Diseased Tree Removals
• Mayor Marty opened the public hearing at 8:06 p.m.
Mounds View City Council November 14, 2005
Regular Meeting Page 6
• Finance Director Beer advised that one property owner had a tree removed and wanted the cost
for that removal assessed. He stated there will be at $25 administrative fee and interest at 5%
with payment over three years.
There being no public input, Mayor Marty closed the public hearing at 8:07 p.m.
MOTION/SECOND: Thomas/Stigney. To waive the reading and adopt Resolution 6658
Adopting a Special Assessment Levy for Diseased Tree Removals.
Ayes-5 Nays-0 Motion carried.
D. 7:20 p.m. to Consider Resolution 6661 Approving an On-Sale Wine and an
On-Sale 3.2 Malt Liquor License for Taiko Sushi Bar located at 2394
Highway 10 in Mounds View
Assistant to the Administrator Crane advised that Resolution 6661 will approve an on-sale wine
and on-sale 3.2 malt liquor license for Taiko Sushi Bar located at 2394 Highway 10. She stated
that all paperwork has been completed and the report from the Minnesota Department of
Criminal Apprehension for Dong Soo Suh, President of Pro Association, Inc., is expected. Mr:
Suh has been in regular contact with the Building Inspector/Fire Marshall and when construction
is complete, then the establishment will be inspected.
• Assistant to the Administrator Crane recommended that the Ci Council a rove Pro
tY pP
Association,. Inc. (dba Taiko Sushi Bar) On-Sale Wine and On-Sale 3.2 Malt Liquor License
pending a satisfactory Fire Inspection and satisfactory report from Minnesota Department of
Criminal Apprehension.
Mayor Marty opened the public hearing at 8:09 p.m.
There being no public input, Mayor Marty closed the public hearing at 8:10 p.m.
Councilmember Flaherty asked if the access will be improved. Director Ericson stated it is not
part of this property.
MOTION/SECOND: Thomas/Gunn. To waive the reading and adopt Resolution 6661
Approving an On-Sale Wine and On-Sale 3.2 Malt Liquor License for Pro Association, Inc., (dba
Taiko Sushi Bar) located at 2394 Highway 10 in Mounds View.
Ayes-5 Nays-0 Motion carried.
E. Resolution 6673 Approving an Agreement between SYSCO Minnesota and
the City of Mounds View regarding Land Exchange and Easement Rights
Mounds View City Council November 14, 2005
Regular Meeting Page 7
Community Development Director Ericson advised that SYSCO Minnesota will be expanding
their site at 2400 County Road J to add additional vehicle and truck parking and to provide a
greater separation between the building and the internal drive aisle. In recognition of this and
land transfer to SYSCO, an agreement is before the Council for authorization to provide the City
with an access easement to a proposed billboard along Highway 10 and removal of reverter
language on a triangular piece of land. He stated they also talked about an easement for a
parking lot to serve a trailway in the SYSCO Outlot area, but that has been eliminated. Rather,
SYSCO has agreed to at least consider granting an easement, which is not as much force as
"SYSCO will." He explained staff is not sure if that is the most appropriate location for a trail
access and recommends adoption of the resolution.
Councilmember Flaherty stated he understands the easement for the trail system but would like
more concrete language in case the City decides that is the best location for a trail system and
access. He asked why SYSCO would not want to grant an easement.
Director Ericson stated there are several issues that need to be resolved with that location because
that leg of the intersection is private and there are traffic considerations of vehicles entering and
leaving that location. SYSCO is concerned there may be traffic movement conflicts as their
trucks leave or enter the site. There is also a potential issue for conflict with public vehicles
accessing that location. He explained that SYSCO is not opposed to granting the access but the
issue is that the City does not know, at this time, if it will be in that location.
• City Administrator Ulrich noted this is an access of a road from the parking lot and it is not the
trailway itself. There is no problem with SYSCO having a trailway link but the issue is having a
road access point.
Councilmember Thomas stated she is comfortable with the language as presented because when
this is discussed she wants to hear SYSCO's legitimate concerns. The City is not yet ready to
make that decision and she does not want there to be a situation where SYSCO feels shut down
from voicing their concerns. She agreed that it is too early to discuss the access point issue.
Mayor Marty stated he is also comfortable with the language and that SYSCO is open to working
with the City on this issue.
Councilmember Thomas noted there are also issues .with the County and Mn/DOT at that
location. She pointed out that including this language allows the City to have the opportunity to
discuss the easement with SYSCO in the future.
Mayor Marty read the last sentence of Section 1.02, "SYSCO desires to remove the above
reverter clause and provide the City with no restrictions to that portion of the City Property as
described and illustrated in Exhibit A, commonly known as the "Triangle Parcel." He asked why
the City is removing that parcel from the reverter clause.
• Director Ericson explained that early in the conversation. with Medtronic, there was a potential
that part of that parcel could be used for part of the building. He noted there is already an
Mounds View City Council November 14, 2005
Regular Meeting Page 8
encroachment on that triangular piece with the fire access road and trail and this language "opens
.the door" to consider it for possible expansion or redevelopment. If nothing happens, it
eliminates the issue of whether it is or is not public use.
Mayor Marty stated he noticed the Medtronic plans show a possibility that part of a Medtronic
building could be .located on the triangular piece. Director Ericson stated the plan adopted by the
City Council has no encroachment but for the fire access road and trail. He noted that substantial
grading would be needed to make it buildable.
Mayor Marty pointed out that all of the exhibits are blank and asked what is supposed to be
included. Director Ericson stated Exhibit A is the legal description of the triangular piece and
representation of that parcel. Exhibit B is the legal description of the three acres to be deeded to
SYSCO. Exhibit C is the sign location but staff needs additional information from Clear
Channel. Exhibit D is the legal description for easement #1 and Exhibit E is the legal description
for easement #2.
Director Ericson stated the action before the Council is to authorize staff to execute the
agreement with SYSCO trusting that all of the exhibits will be completed. Councilmember
Flaherty asked staff to provide exhibit information in the future. Councilmember Thomas asked
staff to provide copies of the completed exhibits, when available.
MOTION/SECOND: Thomas/Gunn. To waive the reading and adopt Resolution 6673
. Authorizing the Execution of a Land Exchange and Easement Rights Agreement with SYSCO
Minnesota.
Councilmember Stigney stated he will vote against this motion because he has a problem giving
three acres of land back to SYSCO along with $250,000 to put in a driveway that will result in
the cutting of mature trees.
Ayes-4 Nay-1 (Stigney) Motion carried.
F. Resolution 6674 Approving a Letter Agreement with the firm of Bonestroo
Rosene, Anderlik and Associates to assist the City with the Random Park
Building Replacement Project
Public Works Director Lee reviewed that at the October work session, staff presented a proposal
to replace the existing Random Park building by relocating the golf course clubhouse to Random
Park. On October 13, 2005, staff met with representatives of the engineering firm of Bonestroo,
Rosene, Anderlik, and Associates (BRAA) to discuss determining the feasibility of replacing the
Random Park building with the golf course clubhouse. It was determined that the best approach
would be to have BRAA submit a letter proposal outlining the services that they could provide to
assist the City with this project..
• Public Works Director Lee advised that BRAA's proposal entails providing engineering services
related to removing the existing Random Park shelter building, relocating the existing clubhouse
Mounds View City Council November 14, 2005
Regular Meeting Page 9
• structure to the Random Park site, and the associated park site improvements, at an estimated
cost of $42,650. He explained that by approving this letter agreement, it would not commit the
City to moving forward with the project.
Public Works Director Lee stated that at a future Council meeting, the Council will review the
feasibility of this project and determine if it should move forward. He stated BRAA's work to
prepare the feasibility report would not be wasted even if the building is not moved to Random
Park.
Councilmember Flaherty stated this involves project management and it seems that every time a
tree is moved in this City an engineering company is brought in. He asked if other cities have
project managers on staff and questioned the cost to manage this job. He also asked if this can be
let out to other engineering firms to determine the cost.
Public Works. Director Lee stated staff can look at that but asked BRAA because TKDA is
working on the Groveland Park building and SEH is working on the City Hall project. In
addition, BRAA has a lot of experience in this kind of work.
Mayor Many noted the cost is under $50,000 so the City is not required to bid. Public Works
Director Lee stated that is correct but competitive bids will be needed for the full project.
Mayor Marty noted it states "costs estimated to be" and stated his preference to include "not to
• exceed" language to avoid it being a "blank check." He stated he prefers to have a finite number
that the cost will not go above so there is not a creeping cost. Public Works Director Lee advised
that the City will be paying BRAA by the hour for the feasibility study and since they do not
know what the bids will come in, a 9.26% figure is included.
Councilmember Flaherty referenced BRAA's November 8, 2005 letter, Item 1.0, paragraph 4,
indicating "Demolition and removal of the existing Bridges clubhouse building foundation, and
concrete sidewalks, aprons and other adjacent appurtenances." He asked if this would not be
done by Medtronic anyway.
Public Works Director Lee stated that is correct and the foundation would stay in place so
paragraphs 4 and 5 would not be done. However, when staff met with BRAA that was not yet
known so it was included. Councilmember Flaherty asked what that cost would be. Public
Works Director Lee explained that will be determined in the feasibility study.
Councilmember Stigney noted that the resolution indicates $42,650 would be funded from the
TIF, Special Project Fund, and Park Dedication Fund. Public Works Director Lee explained that
is direction staff would like from. the Council.. Based on the City CIP, the Random Park building
was to be replaced in 2013 .and the cost was to be split between the Park Dedication Fund and
Special Project Fund. However, the percentage is up to the Council. The costs for the Random
Park Building Replacement Project can be derived from three possible funding sources. The cost
• associated with moving the golf course clubhouse is eligible for Tax Increment Fund. The
remaining work can be financed utilizing the Special Project Fund and the Park Dedication Fund.
Mounds View City Council November 14, 2005
Regular Meeting Page 10
• Mayor Marty noted District #5 is the newly created TIF :District and asked if increment is
available. .Public Works Director Lee recommended that reference be removed from this
resolution and to consider the use of the Special Project Fund and Park Dedication Fund. Then
staff can research the use of TIF.
Mayor Marty stated once the report is received from BRAA as to the total cost, the Council can
then determine the breakdown of funding. Public Works Director Lee noted that the action being
considered tonight is not a big financial risk.
Councilmember Gunn asked if staff needs direction on which funds to use for the feasibility
report. Mayor Marty stated the Special Project Fund can be used to start with and then the
decision can be made by the Council when the report is received.
Finance Director Beer indicated that will not be a problem.
MOTION/SECOND: Thomas/Stigney. To waive the reading and adopt revised Resolution 6674
Approving a Letter Agreement with the firm of Bonestroo Rosene, Anderlik and Associates to
assist the City with the Random Park Building Replacement Project, subject to revising
paragraph 3 to indicate "The estimated cost for the activities included in the proposal letter is not
to exceed $42,650. Funds for which are to be derived from the Special Project Fund and the Park
Dedication Fund (251-4470-3030)." and the other amendments made earlier.
• A es-5 Na s-0 Motion carried.
Y y
G. Consideration of Actions Associated with the Medtronic CRM Development:
1. Resolution 6635, Medtronic CRM Final Plat Approval
Community Development Director Ericson stated that he would like to make presentations for
Items G1-4 at once and advised that the public hearings have already been held.
Director Ericson reviewed that on June 27, 2005 the City authorized an agreement with
Medtronic to redevelop the Bridges of Mounds. View golf course. In August, the Council
authorized the sale to Medtronic and on October 10, 2005 they approved the development stage
plans for the project, the preliminary plat, the first reading of the rezoning and vacation
ordinances, and ordered a feasibility study to bring sewer and water to the site. Tonight the
Council is considering approval of the final plat, second reading of the rezoning and vacation
ordinances, and approval of the wetland alteration permit.
Director Ericson stated the final plat is the same as the preliminary plat. He advised of what will
be included on each of the lots in both Phase 1 and Phase 2 as well as the use of Outlot A by
wetlands, ponds, and mitigation areas. He stated the easements were all identified in the
• preliminary plat and .remain the same. He noted that some right-of--way will need to be vacated
after the final plat review and a little right-of--way will be dedicated for Coral Sea Street, which is
Mounds View City Council November 14, 2005
Regular Meeting Page 11
• reflected on the final plat. Park dedication fees are $865,000 payable at the time of building
permit application.
Director Ericson next addressed the second reading of the. ordinance rezoning the CRM site from
industrial to PUD. He advised that the usage of the property does not change; it is an office type
use. The conversion to the PUD zoning designation offers flexibility and phased development.
Director Ericson reported that the Planning Commission reviewed this and forwarded it to the
City Council. They looked at the adverse effects based on the five criteria and found there
appeared to be none with the rezoning. The Planning Commission and staff feel this is a worthy
and supportable rezoning request, and it is consistent with the Comprehensive Plan.
With regard to the vacation review, Director Ericson stated staff has prepared Ordinance 765 to
vacate five different rights-of--way and easements. He noted the exhibit that identifies those
individual areas with legal descriptions. Director Ericson explained that these are excess
easements and rights-of--way platted in the 1940s with Laport Meadows and Jackson Drive, as it
would have extended were Highway 10 not there. When Highway 10 came in, all easements to
the north were cut off and became unusable. Director Ericson stated that the easements to be
vacated are not needed. Needed easements will be rededicated with the final plat.
Mr. Ericson explained that the wetland area adjacent to the parking ramp and judicial ditch
through the property will be relocated. The Rice Creek Watershed District (RCWD) has
identified the ditch as wetland that needs to be mitigated. He noted the Pinnacle Engineering
• report, handouts, memos, and exhibits detailing the wetlands and area of mitigation. The RCWD
authorized the storm water permit pending administrative responses so they do support this plan
and recognize the on-site mitigation is the minimum to permit the development. Director
Ericson noted the project area is well over 72 acres and to impact less than two acres is very
beneficial
Director Ericson pointed out that the large wetland area to the east is not being impacted at all
and the City and RCWD are very appreciative of that. He stated that Resolution 6632 will
approve the wetland alteration permit.
Director Ericson stated if the Council adopts the ordinance he would request that staff be
authorized to publish a summary of the ordinance rather than five pages of maps and legal
descriptions. He noted it will also be on the City's website and publishing the summary will save
several hundred dollars in publication costs..
Director Ericson noted that representatives from Medtronic and OPUS Architect and Engineering
are in attendance tonight.
Councilmember Thomas asked if there are any changes in the two ordinances since first reading
was approved. Director Ericson stated there were no changes to the ordinances since the first
reading.
•
Mounds View City Council November 14, 2005
Regular Meeting Page 12
• Councilmember Flaherty asked for an explanation of the RCWD requirement fora $60,000 cash
surety. Director Ericson explained that with every application the Watershed District requires a
cash surety, which they hold to assure the developer completes the tasks necessary to the wetland
permit, provides the mitigation, restores the wetland, and places proper seed. If the developers
do not follow through with those provisions, the RCWD has enough surety to complete the work
themselves. He noted this is much higher than you typically see and may relate to the size of the
parcel.
Councilmember Flaherty referenced language in Resolution 6632 indicating: "The proposed
alteration will not decrease the flood storage capacity of the site but will instead increase capacity
by a four to one ratio.. The proposed alteration will not reduce the existing wildlife habitat value.
Because of the mitigation efforts and ditch realignment, wildlife habitat should be enhanced."
He noted that these are benefits to the City.
MOTION/SECOND: Gunn/Stigney. To waive the reading and adopt Resolution 6635,
Approving Medtronic CRM Final Plat; Planning Case MA2005-002.
Mayor Marty stated he has asked in the past if there will be a berm around Outlot A to keep the
water on that site. He noted they have created an access and NURP ponds but in looking at
Exhibit 4, it is far to the east where it is controlled on the property. He stated he wants to assure
there is no runoff into that pond.
. Director Ericson stated no run off generated from this site will go to the pond on Outlot A. He
explained that all of the impervious area drains into the interior storm water management
ponding of .Medtronic. He stated as Public Works Director Lee indicated at the previous
meeting, the City probably does not want to create a situation where the pond gets absolutely no
recharge because it may dry up. He also explained that a berm is not necessary because all of the
drainage from the Medtronic impervious surface drains into their internal system.
Director Ericson stated that BRAA reviewed the storm water management plan with a "fine tooth
comb" and made recommendations that were addressed to protect the City from any storm water
management issues.
Ayes-4 Nay-1 (Marty) Motion carried.
2. Second Reading and Adoption of Ordinance 764 Rezoning Medtronic.
Site from Industrial (I-1) to Planned Unit Development (PUD)
MOTION/SECOND: Gunn/Thomas. To waive the second reading and adopt Ordinance 764
Approving a Rezoning of the Medtronic CRM Development Area from Light Industrial (I-1) to
Planned Unit Development (PUD) and authorize staff to publish a summary.
Mayor Marry referenced Page 3 of the staff report, item 2.(2) indicating the geographic area
• involved and that nearly 16 acres of the project area is in the City of Blaine. He stated that while
this is not an "apples-to-apples" comparison, Mounds View sold 72 acres for $8.6 million and
Mounds View City Council November 14, 2005
Regular Meeting Page 13
• Blaine sold 16 acres for $11 million, or about $787,500 per acre. Mounds View got $120,000 an
acre.
Councilmember Thomas agreed that is not an "apples-to-apples" comparison.
Mayor Marty stated he likes that this is a PUD.
Ayes-5
Nays-0
Motion carried.
3. Second Reading and Adoption of Ordinance 765 Vacating Excess
Right-of--Way and Easements Associated with the Medtronic CRM
Development
MOTION/SECOND: Thomas/Gunn. To waive the second reading and adopt Ordinance 765
Vacating Excess Right-of--Way and Easements Associated with the Medtronic CRM Plat and
authorize staff to publish a summary.
Ayes-4
Nay-1 (Marty)
Motion carried.
4. Resolution 6632, Medtronic Wetland Alteration Permit Approval
Mayor Marty referenced the Rice Creek Watershed District (RCWD) permit application,
• Findings #2, indicates: "The proposed stormwater management includes two NURP ponds, three
infiltration basins and 20 depressed pervious areas..." He stated that Exhibit #4 was new to him
and asked when the City knew about the depressed pervious areas.
Director Ericson stated it was always the intention to utilize the surface parking area with
greenspace areas in the island to collect storm water from the parking lot. He stated it may not
have been highlighted but was always part of the original project.
Mayor Marty referenced information from Pinnacle Engineering, Figure #1, Alternative 1, that
shows a building site and trailway through the triangular Outlot A. He stated this is news to him.
He stated there is also a building on the right hand edge of the property through an existing
pond/wetland. Mayor Many stated he knows this is not Medtronic's plan and hopes it does not
come to fruition.
Director Ericson explained that Figure # 1 reflects one of the earliest plans by RLK before
Medtronic was even involved. It was an example of how a building of a certain size could be
placed on the property but it was never the intention to encroach into City land.
MOTION/SECOND: Gunn/Stigney. To waive the reading and adopt Resolution 6632
Approving the Medtronic CRM Wetland Alteration Permit; Planning Case WA2005-002.
• Ayes-4 Nay-1 (Marty)
Motion carried.
Mounds View City Council November 14, 2005
Regular Meeting Page 14
H. Resolution 6659 Calling for Redemption of Outstanding Gross Revenue Golf
Course Bonds, Series 1994A, Dated January 1,1994
Finance Director Beer explained that as a result of the conveyance of the golf course property to
Medtronic, Inc. for private development, the City has sufficient resources to call the outstanding
golf course bonds. He recommended approval of Resolution 6659 calling the redemption. of
outstanding gross revenue golf course bonds, series 1994A, dated January 1, 1994.
Mayor Marty asked if it will remain in one fund until a future date. Finance Director Beer
answered in the affirmative.
MOTION/SECOND: Thomas/Stigney. To waive the reading and adopt Resolution 6659 Calling
for Redemption of Outstanding Gross Revenue Golf Course Bonds, Series 1994A, Dated January
1, 1994.
Ayes-5 Nays-0 Motion carried.
Director Ericson advised that Mr. McCombs from Medtronic would like to say a few words.
Roger McCombs, Vice President of Medtronic, stated he wanted to publicly acknowledge the
Council's hard work and dedication through this process to allow their CRM business to expand
in Mounds View. He stated this was an important decision for both the City and Medtronic and
• the process has gone through a robust process of input, discussion, and decision. He stated he
believes both will look back on this decision and be positive about it. Mr. McCombs stated he
looks forward to a positive relationship with the City, that Medtronic will continue to grow, it
will be a long relationship, and Medtronic looks forward to it.
Mr. McCombs invited the Council to the groundbreaking ceremony on December 7, 2005 at 1
p.m. and again thanked the Council for the service they have done for Mounds View.
8. CONSENT AGENDA
Councilmember Stigney asked to remove Item 8K. Councilmember Flaherty asked to remove
Item 8F. Mayor Marty asked to remove Items 8B and 8G.
A. Resolution 6669 Authorizing the Execution of the 2005 Oak Wilt Grant
Agreement with the State of Minnesota
n~ceS~~v~'nr'cie~6v-,v-A,,....,,.,;,,,. ~.,1...~0 ..4 cy;.i.,tce~ L'.».y r....~...1..
~N~ent
C. Resolution Number 6672 Electing to Retain the Statutory Tort Limit on
Liability for the 2006 Insurance Policies
D. Resolution 6656 to Terminate the Public Works Garage Facility Policy and
strike it from the Personnel Manual
• E. Resolution 6668 Appointing MMKR to Provide Auditing Services for the
Year Ended December 31, 2005
Mounds View City Council November 14, 2005
Regular Meeting Page 15
F~ceS6~t~o~~veF-66~rr~i-~r9yz~-C-vaca~cr-~i ~' 'cszs~r~icct~6mcs--tA
L'' Do~..laa+;,.,, ~~~~ To.a...,,...,..:1., , .~ tA.. !''.+a FAT 72 l,t ~ f'' i.l T 1,
v• a`a.uvaaa ~avaa-vv
~l
H. Resolution 6677, Rescinding Resolution 6600 and 6612, to Change
Restaurant, Tobacco and On-Sale Intoxicating Liquor License Ownership
Back to Jake's Sports Cafe, Inc.
I. Resolution 6678, Changing Dental and Life Insurance Providers
J. Resolution 6623 Approving the Renewal of the 2005-2006 School Resource
Officer Agreement Between the Cities of Mounds View and New Brighton
and ISD #621
~~ ~elul=ie~66~5~-~;ag~-~sn~-~~~~ega~~e~d~~e~l
L. Resolution 6676 Authorization to Advertise for a Temporary Full-Time
Building Inspector
M. Resolution 6679 Approving a Restaurant License for Taiko Sushi Bar located
at 2394 Highway 10 in Mounds View
N. Licenses for Approval
•
MOTION/SECOND: Thomas/Flaherty. To Approve Consent Agenda Items A, C-E, H-J, and L-
N, as presented.
Ayes-5 Nays-0
Motion carried.
B. Resolution 6670 Approving the Purchase of a Skidsteer Fork Grapple
Attachment
Mayor Marty stated this purchase is a good move for the City by the Public Works Department.
He explained that the skidsteer fork grapple attachment was rented for 28 days for a cost of
$4,200 and the City is purchasing it for $2,667, which would have been an 18 day rental.
MOTION/SECOND: Marty/Flaherty. To waive the reading and adopt Resolution 6670
Approving the Purchase of a Skidsteer Fork Grapple Attachment.
Ayes-5 Nays-0
Motion carried.
F. Resolution Number 6671 Approving a Contract with AIM Electronics to
Retrofit the Existing Electronic Message Board with an LED Lighting
System
•
Councilmember Flaherty stated this is the City's sign on County Road 10 that is not operational
now. He stated he has been asked by residents what is .happening and noted this action will
change the sign to LED lighting as opposed to bulb lighting. He explained the other bulbs last
•
Mounds View City Council November 14, 2005
Regular Meeting Page 16
about 29 weeks and LED lasts 100,000 hours for each lamp bank. The current message board
electricity costs are $6,500 a year and it will go to about $630 a year.
Councilmember Flaherty asked how many vendors do this work, noting three quotes were
solicited but only one came back. It was also noted there is a rebate of $1,130 from Xcel Energy.
Public Works Director Lee stated he does not know why the other vendors did not submit a
quote.
MOTION/SECOND: Flaherty/Gunn. To waive the reading and adopt Resolution 6671
Approving Retrofit of the Existing Electronic Message Board to an LED Lighting System
Mayor Marty noted there is a time limit on the rebate and he hopes the sign is operational so the
City qualifies for the rebate. Public Works Director Lee stated that will be the case and the City
will get the rebate.
Ayes-5 Nays-0
Motion carried.
G. Resolution 6666 Temporarily Using the City of New Brighton for Cable Tech
Support
r~
~~
Mayor Marty asked staff to revise the resolution to include the hourly rate and maximum number
of hours.
MOTION/SECOND: Many/Gunn. To waive the reading and adopt Resolution 6666 Approving
an Agreement with the City of New Brighton Interim Cable Coordination Services, as amended
to include the hourly rate and maximum number of hours.
Ayes-5 Nays-0
Motion carried.
K. Resolution 6675 Amending Personnel Policy in Regard to Educational
Reimbursement Amounts
•
Councilmember Stigney noted the request is to go from a $750 allowable reimbursement expense
to $1,200, a $400 increase. He stated he believes it would be more prudent to increase it to
$1,000.
Mayor Many asked staff to correct a typo in the resolution, the last sentence under Section D, to
indicate: "The City Council may grant an exception on the $1,200 limit on a case-by-case basis."
Councilmember Thomas stated she understands Councilmember Stigney's concerns but is also
aware of the cost of higher education. She noted the goal is to have staff do a better job for the
City and $750 does not accurately. reflect the cost of higher education. She noted that even at
$1,200 it is only half of the cost.
Mounds View City Council November 14, 2005
Regular Meeting Page 17
• Mayor Marty stated the cost for University of Minnesota graduate hours, depending on the degree
program, is $780 to $890 per credit hour so the former limit of $750 did not cover even one hour,
and that is the maximum for the year.
Councilmember Stigney clarified he is advocating an increase to $1,000 rather than $1,200.
Mayor Marty stated that $1,200 more accurately reflects the cost of living, higher education
costs, and would only cover one class.
MOTION/SECOND: Marry/Thomas. To waive the reading and adopt Resolution 6675
Amending Personnel Policy in Regard to Educational Reimbursement Amounts, as amended in
Section D to indicate: "...may grant an exception on the ~9 $1,2001imit..."
Ayes-4 Nays-1 (Stigney) Motion carried.
9. JUST AND CORRECT CLAIMS
Councilmember Flaherty asked about the bowl cleaner expense on Page 3. Public Works
Director Lee explained it is a highly concentrated cleaner and represents a one to two year
supply.
Councilmember Flaherty questioned the golf course expense of $1,485.93 on Page 8 and asked if
• it will be reimbursed by Medtronic. Community Development Director Ericson answered in the
affirmative.
MOTION/SECOND: Gunn/Flaherty. To approve the Just and Correct Claims as Presented.
Ayes-5 Nays-0 Motion carried.
10. APPROVAL OF MINUTES
A. October 24, 2005 City Council Meeting Minutes
The following corrections were requested:
Page 1, Line 42, should read: "because of House File 849, ..."
Page 9, Line 2, should read: "...after the election and the holidays."
MOTION/SECOND: Flaherty/Stigney. To Approve the October 24, 2005 City Council meeting
minutes as corrected above.
Ayes-5
Nays-0
Motion carried.
• 1 L REPORTS
Mounds View City Council November 14, 2005
Regular Meeting Page 18
• A. Reports of Mayor and Council
Mayor Marty stated he attended a meeting with City Administrator Ulrich in Arden Hills where
discussion was held on payment for storm damage cleanup. He advised that Arden Hills paid
more than $180,000 and Roseville did not pick up at all so it was their resident's responsibility to
dispose of their own things.
Mayor Marty stated he talked with City Forester Wriskey to thank him for his help with the storm
clean up and City Forester Wriskey mentioned that all of the brush, trees, and debris that was
hauled to the New Brighton site can be disposed of for nothing because St. Paul can use it as an
energy source. However, it has to be left untouched until March so it will not dry out.
City Administrator Ulrich stated favorable bids were received so the cost to move the materials is
offset by the energy value and would cost nothing for disposal. He noted there would have been
a hefty cost to grind up and dispose of it but this option will greatly lower the cost and make it
virtually cost free.
Councilmember Thomas reported she has being appointed to the Land Use Advisory Board for
District 10 by the Metropolitan Council and first meeting is in December. She stated that she is
excited about the opportunity to have an additional way to represent Mounds View and will bring
back information and insights of what is happening with that Board.
• Mayor Marty asked if the Ramsey County dinner meeting was postponed. City Administrator
Ulrich stated it may be rescheduled for early next year because of low interest so he will let the
Council know if that occurs.
B. Reports of Staff
1. Police Department 3rd Quarter Report
Police Chief Sommer presented the Police Department Third Quarter Report.
Councilmember Flaherty noted the activity from July to September, which shows a 20% jump in
adult arrests from the previous year. Police Chief Sommer stated he does not know of a trend to
have caused that but they have focused on more driving offenses, DWI, and driving after.
revocation.
Councilmember Flaherty questioned the comment on Page 6 that indicates the Department also
participated in DWI saturation over Labor Day but did not have much success. Police Chief
Sommer stated that relates to the low number of arrests that were made.
Mayor Marty reported that he has received compliments on the police patrols and enforcement as
well as police presence when school is starting and getting out.
•
Mounds View City Council November 14, 2005
Regular Meeting Page 19
• Mayor Marty asked about the trends shown on Page 3, calls for service. He noted that for July to
September of this year and last year the calls for service were almost identical, court citations
dropped about 50% from last year, but administrative offensives dropped considerably. He noted
residents have seen an increase in police presence and asked if they are giving out more warnings
instead of tickets.
Police Chief Sommer explained that during this time a Sergeant retired and that spot was not
filled for two to three months. Also one officer was out on injury during duty, which was not the
case the previous year. He noted that may account for some of the difference over last year.
Mayor Marty thanked Police Chief Sommer for the report and asked him to extend his
appreciation to the Department.
2. Review 2006 Budget Items
Finance Director Beer stated he made the adjustments as directed at the last Council discussion
and the levy has decreased by $98,135 for a balance of $208,933 as the amount that would need
to be levied for or transferred from the Levy Reduction Fund.
Mayor Marty asked if that takes into consideration the interest amount from the $217,000.
Finance Director Beer stated it does not. Mayor Marty stated his support to apply that amount
for a zero levy increase.
• Councilmember Thomas asked whether S rin Creek is reflected in the char a list. Finance
p g g
Director Beer stated that is reflected in a different fund and tonight he is just presenting the
General Fund list.
Finance Director Beer stated additional items will be presented at the next Council meeting.
Councilmember Thomas noted that interest dollars are not the same and asked the Council to
keep in mind how to continue funding if money is used out of principle. City Administrator
Ulrich stated that is a good point because if principal is drawn down, it will not continue to be
there.
Finance Director Beer stated at this amount there will be no draw down of principal. He noted
that there are better interest rates now so the City may not be able to again generate $217,000 in
income.
Councilmember Stigney noted that the Finance Director was to come back and ask what the
Council wants to do. This. is one of the options. He noted that going forward if allocating
principal and not interest, there would be $250,000 a year to use for 20 years and interest is on
top of that. He stated there are ways of using this money on an on-going basis.
•
Mounds View City Council November 14, 2005
Regular Meeting Page 20
Councilmember Flaherty asked if the budget will be an agenda item for the next meeting. City
Administrator Ulrich answered in the affirmative. Councilmember Flaherty stated he would like
to discuss how to use the golf course auction funds.
Mayor Marty noted the indication in Finance Director Beer's memorandum to decrease Police
vehicles 4200-7040 in the amount of $4,000 to reflect the change in vehicle requested.
•
City Administrator Ulrich stated at the Arden Hills meeting, the Mayors and Administrators
talked about communications. Arden Hills brought up that they have a newsletter published by a
citizen's editorial board and a paid editor who makes a minimal amount. This newsletter is put
out ten times a year and may be an option for Mounds View to consider.
City Administrator Ulrich stated they also talked about TCAAP. Arden Hills is getting an
appraisal on the property and hopes to have things wrapped up with government services agency
to transfer property within a year. However, that will depend orr Arden Hills reaching an
agreement with the government on the price of the property.
City Administrator Ulrich stated a summary of the auction at the golf course was provided to the
Council. The auction netted over $123,000 from the sale of golf course assets. He stated there
were a few surprises, some things sold higher than anticipated, but they did not receive the
minimum bid needed for the greens so they are unsold.
Community Development Director Ericson reminded the Council of the County Road J Project
open house to be held at the Blaine City Ha11 on Wednesday, November 16, 2005 from 4:30 p.m.
to 7:00 p.m.
C. Reports of City Attorney
Nothing to report
12. Nezt Council Work Session:
Next Council Meeting:
Tuesday, December 6, 2005, 7:00 p.m.
Monday, November 28, 2005, 7:00 p.m.
13. ADJOURNMENT
The meeting was adjourned at 9:48 p.m.
Transcribed and recorded by:
Carla Wirth
Timesaver Off Site Secretarial, Inc
•