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City Council


 

City Council Meeting Minutes

March 10, 2014

 

1.         Roll Call

Mayor Roe called to order the Roseville City Council regular meeting at approximately 6:00 p.m. Voting and Seating Order: Willmus; Laliberte; Etten; McGehee; and Roe.  City Manager Pat Trudgeon and City Attorney Mark Gaughan were also present.

 

Commission Interviews

Councilmembers met from approximately 5:00 to 7:30 p.m. for the purpose of interviewing potential candidates for vacancies on various citizen advisory commissions.

 

Recess

Mayor Roe recessed the meeting at approximately 7:30 p.m. and reconvened at approximately 7:45 p.m.

 

2.       Approve Agenda

City Manager Patrick Trudgeon noted several bench handouts on the dais and available for the public as additional materials for General Ordinance Item 9.a entitled, "Consider Establishing a New Utility Rate Discount Program;" and a revised Request for Council Action (RCA) dated March 10, 2014 for Public Hearing Item 11.b entitled, "Public Hearing to Discuss an On-Sale and Sunday Intoxicating Liquor License for Digby's Roseville, LLC located at 854 Rosedale Center #1010."

 

Etten moved, McGehee seconded approval of the agenda.

 

                                                Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

              

3.       Public Comment

Mayor Roe called for public comment by members of the audience on any non-agenda items. 

 

a.            Rita M.  Zoff 412 Lovell Avenue

Ms. Zoff, a resident of the City since the mid-1950's, and originally having private water and service services, advised that in 1964 they had paid an assessment for City water and sewer services.  Ms. Zoff noted that several engineers had confirmed that their property, near Western Avenue, had some of the lowest water pressure in Roseville, and opined that the low pressure had created part of the problem she had been experiencing with water line freeze-ups, in addition to the extremely cold weather. 

 

Ms. Zoff advised that during a recent two-week vacation starting February 8, 2014, her family who was checking her home during that vacation had found the home to be without water service on February 13, 2014, which had been reported to the City and a crew had responded in a few days, with a supposedly successful remedy.  However, Ms. Zoff reported that, upon next checking the home on February 21, 2014, there was again no water, and it was reported to the City, with crews not responding until February 28, 2014.  Ms. Zoff noted that the crews had reported there appeared to be no problem to the curb box on the property line, but pipes appeared to be frozen from the property line to the street.  Given the potential liability to hire a welder at her own expense, Ms. Zoff advised that she refused to attempt that type of solution. 

 

Ms. Zoff referenced several comments made by Mayor Roe during his most recent State of the City Address related to City crews and storm clean-up from summer storms, and the significant amount of money spent on those clean-up efforts.  Ms. Zoff plead with the City Council to find a solution and provide water service to those currently experiencing this lack of City water service, a much more important service than tree limb removal in her opinion.  Ms. Zoff asked that the City Council reconsider their recent vote regarding participation in solving this issue for all affected Roseville residents beyond sending out City crews.

 

 Carol Zoff, Daughter of Ms. Zoff Ms. Zoff enhanced the comments of Ms. Zoff , stating that their request was simple: to please review the City Council policy to revise responsibility for a functional public water system to the property line versus the water main as currently written, and make the valve box the responsibility of the City in that right-of-way.

 

With her mother's water line having frozen long-term, the speaker advised that the freeze-up had been found twice to be in the valve box, and expressed concern on her family's part because no further corrective had yet to be provided.  The speaker expressed concern that structural damage may have or may be occurring; in addition to the health issues for her elderly mother as she attempted to address normal living needs, for the last three weeks now and perhaps longer yet into the future, and have some quality of life beyond rotating staying at the homes of her children in the area. 

 

The speaker opined that her mother should not be held responsible for right-of-way infrastructure of the City; and asked that the City Council consider a revision of this nomenclature.  The speaker referenced research performed by Mayor Roe with half of those cities he researched taking responsibility of the water line to the valve box or property line, and asked that the Roseville City Council move toward that majority if the law allows such responsibility to the water main.  Otherwise, the speaker further opined that the current system was not proving sufficient and transfers risk and financial responsibility to the homeowner who has no right to the property within the rights-of-way.  Beyond that larger step, the speaker asked that the City Council consider her mother's specific circumstances and find a viable solution.

 

The speaker challenged each of the Councilmembers to try to relate to this quality of life issue being faced by her elderly mother; and expressed her appreciation for the opportunity to present the City Council with the specifics of this situation and request for resolution.  While understanding that this issue was coming before the City Council on a future agenda, the speaker asked that it be given consideration prior to that date as the tally continued to grow with more and more Roseville residents affected.

 

4.       Council Communications, Reports, Announcements and Housing and Redevelopment Authority (HRA) Report

          Mayor Roe announced an upcoming fundraiser and flyers were distributed, for the Roseville Law Enforcement Explorer Post #574 on Tuesday, March 25, 2014 from 4:00 - 9:00 p.m. at the Roseville Chipotle at Rosedale Mall.

 

          Mayor Roe briefly reported on a recent meeting of City Managers and Mayors of five surrounding communities, and discussions including frozen water supply lines being experienced in those communities, as well as an update on the TCAAP Master Plan Redevelopment process in Arden Hills.

 

5.         Recognitions, Donations and Communications

 

6.         Approve Minutes

 

7.            Approve Consent Agenda

At the request of Mayor Roe, City Manager Patrick Trudgeon briefly reviewed those items being considered under the Consent Agenda.

 

a.            Approve Payments

Etten moved, Willmus seconded, approval of the following claims and payments as presented.    

ACH Payments

$569,315.51

73004 - 73050

410,623.28

Total

$979,938.79

 

                                                            Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

 

b.            Approve Business Licenses & Other Licenses & Permits

          Etten moved, Willmus seconded, approval of business license applications for the period of one (1) year, for the following applicants:

 

Applicant/Location

Type of License

Jennifer Plante; Elements Therapeutic Massage

2100 Snelling Avenue N, Suite 66B

Massage Therapist

Walmart Stores, Inc., d/b/a Walmart Store #3404

1960 Twin Lakes Parkway

Cigarette / Tobacco Products

Walmart Stores, Inc., d/b/a Walmart Store #3404

196- Twin Lakes Parkway

Sale of Consumer Fireworks License

 

                                                             Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

 

c.            Authorize Creation of Senior Planner Position

Etten moved, Willmus seconded, authorizing the creation of the Senior Planner in the Community Development Department at the proposed pay grade within the City's compensation plan.

 

                                    Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

 

d.            Authorize Creation of Volunteer Coordinator Position

At the request of Councilmember Laliberte, City Manager Trudgeon confirmed that this position would require a considerable of collaboration and information-sharing with individual departments, through development and maintenance of data for skills and interests; with the position housed centrally in the Administrative Department and disseminating information and matching skill sets with needs to those individual departments.

 

Councilmember Laliberte opined that maintenance of that database was vital.

 

Etten moved, Willmus seconded, authorizing the creation of the Volunteer Coordinator in the Administration Department at the proposed pay grade within the City's compensation plan.

                                    Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

 

e.            Set Public Hearing to Consider Approving an Off-Sale 3.2% Malt Liquor License for Walmart Stores, Inc., d/b/a Walmart Store #3404 located at 1960 Twin Lakes Parkway

Etten moved, Willmus seconded, scheduling a Public Hearing for March 24, 2014 to consider approval or denial of the requested liquor license for calendar year 2014 as detailed in the Request for Council Action (RCA) dated March 10, 2014.

 

                                    Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

 

8.         Consider Items Removed from Consent

 

9.            General Ordinances for Adoption

 

a.            Consider Establishing a New Utility Rate Discount Program

As previously noted, a bench handout, was provided with proposed additional action to approve a resolution establishing the new Utility Rate Discount Program criteria and eligibility requirements.

 

Finance Director Chris Miller summarized the requested action, as previously directed by the City Council as detailed by staff, with one change by the City Council to discontinue the current program eligibility on January 1, 2015 versus phasing it in over several years.

 

Mr. Miller advised that this action would require a two-step process: to enact an ordinance as drafted (Attachment A) and update language of City Code Chapter 801 and adding Chapter 802.12(F); and adopting an enabling resolution (Attachment A to the Bench Handout) establishing the objectives and eligibility requirements of the program for annual review.

 

At the request of Councilmember Laliberte, Mr. Miller confirmed that the ordinance would become effective upon publication, per law, and those eligibility criteria become effective upon application and verification for residents; with those on the current discount program expiring effective December 31, 2014, and eligible for start up on the new program effective January 1, 2015 if still applicable.  Mr. Miller clarified that no one should fall into a gap provided they qualified under the income-based criteria versus the previous approach for age-related discounts.

 

At the request of Mayor Roe, and for the benefit of the public, Mr. Miller reviewed the specifics of the former discount program criteria in effect since its inception in the 1970's and new requirements to look at needs from a financial standpoint based on income levels at 165% of and closer to federal poverty income level programs across the state and county (e.g. Ramsey County SNAP Program, formerly the food stamp program).  Mr. Miller noted that this would modernize the approach given and the purpose of the water and sewer discount program in today's economy.

At the request of Councilmember Etten, Mr. Miller reviewed the communication efforts to alert the public to this change and for a potential new pool of candidates.  Mr. Miller advised that the information would be provided to all households in Roseville as a direct mailing over the next three months in conjunction with periodic utility bills; as well as the City newsletter and every other outlet currently available to staff to communicate this information.

 

Councilmember Etten asked that staff ensure that the information is available across language barriers as well, with Mayor Roe recognizing that as a good point.

 

Willmus moved, Etten seconded, enactment of Ordinance No. 1463 entitled, "An Ordinance Amending City Code Chapter 801.16(B)(8) and Adding City Code Chapter 802/12(F): Utility Rate Discount Program Objectives and Eligibility Criteria."

Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

 

Willmus moved, Laliberte seconded, adoption of Resolution No. 11135 entitled,   "Resolution Establishing New Program Objectives and Eligibility Requirements for the Utility Discount Program."

 

Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

 

Councilmembers thanked staff and the City's Public Works, Environment and Transportation Commission for their research and recommendation on this updated discount program for residents.

 

10.         Presentations

 

a.            Roseville Visitors Association (RVA) 2013 Annual Report

Mayor Roe welcomed and introduced RVA Executive Director Julie Wearn who provided an update on activities of the RVA and statistics from 2012 to 2013 in hotel occupancies and dollars spent within the City, funded by a 3%  lodging tax for tourists. 

 

Ms. Wearn reviewed research comparisons for Roseville among national and regional sales and occupancy rates; as well as 2013 highlights and accomplishments of the RVA, and awards received.  Some of those accomplishments included a redesigned visitor guide cover and separate coupon book featuring Roseville businesses; design and launch of a new website; digital innovations to take advantage of other outreach and communication opportunities; and the very popular OVALumination first created this last winter with 73 trees covered with LED lights sponsored by Roseville parties and surrounding the OVAL, and being used for pre-promotion for next season.  Ms. Wearn advised that the RVA Committee was working for more trees this year to increase traffic at the OVAL for viewing lights, skating, dining in Roseville, staying overnight, and shopping the next day. 

 

         Ms. Wearn reviewed other opportunities confirmed or being investigated and promoted statewide in conjunction with "Explore Minnesota" that highlight Roseville events and opportunities; and takes advantage of increased funding by the legislature for tourism marketing efforts across the state.

 

          Ms. Wearn reviewed the RVA's 2014-2016 Strategic Plan and three goals:

·        Engage the community in maximizing the region's visitor economy

·        Advocate for destination-enhancing development

·         Enhance the effectiveness and impact of RVA

 

          Ms. Wearn reviewed some of the upcoming 2014 major city-wide events and conferences already confirmed; and other efforts being pursued within the hospitality industry.

 

          At the request of Mayor Roe, and for the benefit of the public, Ms. Wearn explained the mission of the RVA and how it was funded: to sell the hospitality industry in Roseville on a local and national level through a dedicated guest tax of 3%; noting that the better the RVA did its job, the higher occupancy and more funding available toward those efforts.

 

          Mayo Roe thanked Ms. Wearn for her presentation

         

b.            Northeast Youth & Family Services (NYFS) Update of Activities

Mayor Roe welcomed and introduced NYFS President & CEO Jerry Hromatka.

 

Mr. Hromatka provided an update on the NYFS and its mission, with the presentation included as part of the agenda packet.  Mr. Hromatka reviewed the mission of the organization over the last 37 years and changes made in the program over those years, including the most recent merger of the NYFS with the White Bear Lake Counseling Center in 2013, and change of the name to Northeast Youth & Family Services.  Mr. Hromatka noted that the City of Roseville was one of fifteen member municipalities supporting the NYFS, in addition to funding from other agencies and organizations.

 

Mr. Hromatka provided a service summary and contracted service comparisons from 2012 to 2013; including itemizing those services by division over the last two years, with any annual increased funding requests based on the Consumers Price Index; and meetings with member City Managers and adjusting contracts accordingly.

 

Mr. Hromatka provided updates on current trends, increased mental health issues, continuing achievement gaps for students, typically based on income with an average 12-18% increase in non-graduate children based on income; the ripple effect being felt from the recession and changes necessary in the foundation's funding and revisiting of current business models; and addressing the aging population, with 80% of Roseville households not having children.

 

Mayor Roe thanked Mr. Hromatka for his informative presentation.

 

11.         Public Hearings

 

a.            Public Hearing to Discuss an On-Sale Wine License and On-Sale 3.2% Malt Liquor License for Bryant Enterprises, Inc., d/b/a Wing Stop, located at 2100 Snelling Avenue N #66C

Finance Director Chris Miller briefly reviewed this request and staff recommendations for approval, with the applicant having met the requirements of City Code.  The applicant was present but had no comment.

 

Mayor Roe opened and closed the Public Hearing at approximately 8:47 p.m. with no one appearing for or against.

 

Business Action Item 13.a

McGehee moved, Willmus seconded approval of the request of Bryant Enterprises, Inc. for an On-Sale Wine License and an On-Sale 3.2% Malt Liquor License, located at 2100 Snelling Avenue N, #66C.

 

Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

 

b.            Public Hearing to Discuss an On-Sale and Sunday Intoxicating Liquor License for Digby's Roseville, LLC, located at 854 Rosedale Center #1010

Finance Director Chris Miller briefly reviewed this request and staff recommendations for approval, with the applicant having met the requirements of City Code; noting the revised RCA, , to include consideration and potential approval of an outside sales and consumption endorsement as detailed.

 

Applicant representative Reid Sellgren provided brief comments for this location at the former Old California Pizza location, and plans to open the end of March.

 

Mayor Roe sought confirmation from the applicant of their awareness and intent to participate in server training; with the applicant responding affirmatively.

Mayor Roe opened and closed the Public Hearing at approximately 8:50 p.m. with no one appearing for or against.

 

Business Action Item 13.b

Etten moved, Willmus seconded, approval of the request by Digby's Roseville, LLC for an On-Sale and Sunday Intoxicating Liquor License, and Outside Sales and Consumption Endorsement, located at 854 Rosedale Center #1010.

 

Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

 

Councilmembers welcomed these businesses to Roseville and wished them well in their endeavors.

 

12.         Budget Items

 

13.         Business Items (Action Items)

 

c.            Request to Perform a City Abatement  for Unresolved Public Nuisance Violations at 3021 Fairview Avenue

Codes Coordinator Don Munson summarized the request as detailed in the RCA dated March 10, 2014, for this single-family detached home currently owned by Pastor Randol Davis and current long-term violations and neighborhood concerns.

 

Mr. Munson provided updated pictures of erosion control efforts and their subsequent failure, and delayed and often untimely responses by the property owner in addressing the issues.  With upcoming snow melt, Mr. Munson noted that this becomes a time-sensitive issue for adjacent properties that could be addressed more quickly with this abatement authorization by the City Council in place for staff to take measures to limit erosion onto adjacent properties.  Without that abatement action in place, Mr. Munson noted that any delay by the property owner in addressing this issue could result in harm to adjacent properties because of due process and notification requirements.

 

Discussion among Councilmembers and staff included the property line location (fence); location of proposed erosion control measures on the subject parcel, as well as on the adjacent property with permission of that property owner; abatement remedies consisting of hay bales, tarp and fabric based on the amount of material already removed by the subject parcel property owner; and any restoration work needed on either property included in abatement costs as estimated in the RCA.

 

The property owner was not present at tonight's meeting.

 

McGehee moved, Etten seconded, directing Community Development staff to abate nuisance violations at an estimated cost of $3,000.00 to install erosion controls and stabilize exposed soils to limit erosion leaving the site, as detailed in the RCA dated March 10, 2014; at 3021 Fairview Avenue, by hiring a contractor to re-establish erosion control and stabilize exposed soils, if the property owner does not contain erosion after a three-day notice of erosion occurring; with the property owner billed for actual and administrative costs, and if not paid, staff will recover costs as specified in Section 407.07B of City Code.

 

Further discussion included confirmation by staff that all proper permits had been issued; expected completion date probably by mid-summer with the property owner required to return the grade as original, with that grade still flowing down to the adjacent property; the status of current impervious surfaces close to the limit allowed; and recognition of the patience of surrounding neighbors in this lengthy project.

 

At the request of Councilmember McGehee, Mr. Munson advised that this has been a nuisance for some time in the neighborhood; however, he recognized that the property owner was making good faith efforts after a rough start in addressing the situation and addressing significant structural defects of the property structure.

 

                                                Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

 

b.    Business Items - Presentations/Discussions

 

a.            Discuss and Seek Council Direction regarding possible changes to Recreational Vehicle, Boat and Trailer Parking Regulations in Chapter 407 (Nuisances) of the City Code

Codes Coordinator Don Munson reviewed the RCA and various attachments as identified, seeking City Council direction for staff to proceed other than a wholesale revision of current City Code.  Mr. Munson reviewed staff's research, findings, and suggested options for consideration; and specifically addressing trailers on front yard driveways (currently limited to three days), and recreational vehicles (RV's) and boats on public streets.

 

Mr. Munson provided various pictorial examples throughout the community; areas that could be addressed by nuisance code provisions; site visibility examples as a potential solution; and the responsible department for solution, whether through Code Enforcement or the Police Department.

 

Mr. Munson noted one specific photo and concern received from an elderly resident and current view of seven items stored in an adjacent backyard, and their request that the City Council consider limiting the number of trailers in a backyard, with a few properties in the city currently storing between 4 and 8 items, since there was no limit at this time and had not been part of staff's research to-date.

 

Mayor Roe advised that the protocol for tonight's meeting would be for the City Council to ask questions of staff or seek clarification of any specifics; then to open the meeting for public comment; and then for the City Council to further discuss the issues and provide direction to staff; with no formal action intended for tonight's meeting, simply providing direction to staff.

 

Prior to any final action, Councilmember Willmus asked that staff provide a redline copy of current ordinance and proposed revisions. 

 

Councilmember Willmus'  questions and comments were related to whether a requirement that any RV's parked on the street be hooked to a vehicle would affect the reading of the current ordinance; current ordinance that if a trailer was hooked to a vehicle within the twenty-foot setback it was parked illegally and would be noticed for removal or moving within seven days; potential impacts of a provision that none of the items could be parked within fifteen feet of the curb or not encroach into the City right-of-way, and any variations of that distance; site line concerns for trailers, RV's and boats versus trees and vegetation in that same area; current lack of restrictions for setbacks for trailer or boat parking and potential for their location right up to the property line, with some cities having a 5' setback and his preference to avoid parking on property lines and creating additional complaints; and how to define these items versus nuisance issues and outside storage issues for abatement.

 

Councilmember McGehee's questions and comments were related to defining this equipment versus using them for outside storage unless enclosed and locked, and kept clean an tidy providing for well-maintained trailers; current parking requirements for RV's and trailers on grass, with motorized vehicles required to be parked on concrete or asphalt; short-term and long-term parking and impacts to the neighborhood based on current regulations limiting front yard storage for 3 days before moving items to the side or rear yards; those items that can and cannot be addressed by staff; and her concern that trailers be well-maintained and setback issues addressed regarding operational RV's; and her lack of support for requiring their attachment to a motor vehicle if blocks were properly installed.

 

Councilmember Etten's questions and comments were related to his concerns about abuses by those simply moving an RV or trailer a few feet to meet the requirements of the 72 hours, and lack of enforcement ability for staff, suggesting other solutions and options; concerns with parking those items in front of someone else's property and generation of additional complaints; and how to address the problem equipment versus those who are responsible citizens and neighbors, especially in those areas where a traffic and/or safety issue was evident.

 

General discussion included types of utility trailers and/or campers and how to address their specific storage needs and neighborhood impacts based on the number of axles or how they were licensed; whether a city-wide elimination of on-street storage and parking would create even more issue and have too negative an impact across the board; and how to put commercial and other trailers (e.g. fifth wheel trailers) into context as part of potential options.

 

Public Comment

 

Bill  Drinane, 2426 Cohansey Street

Mr. Drinane spoke specifically about a pontoon boat on a trailer parked on the public street in front of his neighbor's home that was typically there all summer from Memorial Day to November or snowfall, and leaving only on several weekends during that time.  Given the height and width of the pontoon, Mr. Drinane advised that motorists needed to creep up to it, as similarly done with snow drifts this winter, in order to safely pass it, since it occupies so much of the residential street.  Mr. Drinane expressed concern for the safety of motorists, bicyclers, pedestrians, and pets due to this equipment on the street.  If this was a 2-3 day occurrence during each summer, Mr. Drinane advised that he would have no problem with it, but this had been continuing year in and year out for at least eight years; and even though complaints had been lodged during that time, they were repeatedly told that this was permissible. 

 

Mr. Drinane spoke in support of Councilmember Willmus' suggestion for banning them from on-street parking entirely; opining that Roseville should set the standard and be a leader in addressing this ongoing issue that had been up for discussion periodically over the last nineteen years by various City Councils and staff.  Mr. Drinane opined that it was time to draw the line and make something enforceable. 

 

Mr. Drinane noted that their current situation would not be helped with a seventy-two hour provision as addressed by Councilmember Etten, with the pontoon owner simply leap-frogging parking of the vehicle around the neighborhood.  Mr. Drinane opined that, in order for this to work, it needed to be self-enforcing and an outright ban; with any and all trailers parked in a driveway or behind a privacy fence in the rear yard and out of the line of traffic.  Mr. Drinane urged the City Council to set a precedent, and be a leader, not a follower.

 

Glenn Schuler, Heinel Drive

With six lakes in Roseville and 10,000 lakes in MN, Mr. Schuler opined that there would obviously be a lot of boats.  Mr. Schuler noted that in his neighborhood alone, he saw issues if parking was changed, as there was only parking on one side of the street, and neighbors parked in front of his property all the time; however, they all got along great.  Mr. Schuler addressed dual axle trailers, and potential parking of items in the yard with specific needing to be outlined, including the definition of boat (e.g. canoes) and how to address nuisance versus frequently used items.

 

Dan Kelsey, 735 Heinel Drive

Mr. Kelsey admitted that he was one of the culprits parking in front of Mr. Schuler's home.  In his review of Heinel Drive from South Owasso to the cul-de-sac, a ¼ mile street, Mr. Kelsey noted that parking 15' from the curb would prove problematic for a majority of the nine homes located in that stretch with most unable to accommodate an average-sized boat, including his lot due to topography issues.  Mr. Kelsey questioned the options for them if on-street parking was limited to 72 hours, and whether they should then move to another street and impact those neighbors, opining that it would be inappropriate to do so.  Mr. Kelsey noted that, due to the topography of his lot, he could not access his side or rear lots for storage; and if unable to store the boat on the driveway or street, what other options did he have, even while recognizing the setback issues as raised by Mr. Munson and trees in those site lines as raised by Councilmember Willmus.  Mr. Kelsey noted that having items parked on the street did serve to reduce traffic speed.

 

Since he lived on the lake, Mr. Kelsey questioned his options.  Mr. Kelsey noted that the staff report indicated five complaints fielded by staff annually, and questioned if they were about the same boat or multiple items.  Mr. Kelsey opined that there are not bad boats, only bad boat owners; and if the intent was to jump on the issue to address a limited number of complaints compared to the entire number of households throughout the City, the City Council should instead not be overly restrictive and consider how many owners are managing their articles respectfully and to take that into consideration.

 

Connie Wilmes, 396 Brooks Avenue W (no relation to Councilmember Willmus)

Ms. Wilmes advised that their neighborhood had major issues, and while not having her picture evidence at hand and sought Mr. Munson's contact information for future reference and to supply that evidence, Ms. Wilmes noted that their neighborhood had made a number of calls to the Police Department and Code Enforcement Departments, to no avail.  Ms. Wilmes agreed that the pontoon and trailer were a major hazard with Central Park Elementary School located in that area, and no sidewalks in the neighborhood, creating a major safety issue for kids walking to school and not getting bussed.  As the neighbors aware of the problem, Ms. Wilmes noted that they anticipated the safety issues and drove accordingly; however, other drivers whipped down Cohansey from County Road C because they were not aware of the pontoon and potential hazard.  Given that Conansey and her street were designated as a bike route from Central Park, Ms. Wilmes noted that this wasn't just a neighborhood nuisance, but also a safety hazard.

 

In addressing the photo evidence displayed by Mr. Munson, Ms. Wilmes opined that those problems would be preferable to what they were dealing with, including a huge RV used as a storage pod, another pop-up trailer, sometimes a utility trailer, and backyard nuisance items just a few of the issues she and her neighbors were dealing with.  Ms. Wilmes noted that she had called and been told by staff that it was permissible; even though she found a big pad of cement 3' from her property line to be non-neighborhood friendly and needing attention.

 

Ms. Wilmes advised that there were boats continuously stored across the street from her property and often used as a storage unit, with five cars and the boat having been there for a year, and what the view from her front window consisted of.  As A 32-year resident of Roseville, Ms. Wilmes advised that she tried to keep up her property; and understood the general policy and issues of living around the lake; however, when her neighbor only used the RV less than two weeks per year and otherwise it was basically used as a storage unit; and she was subjected to nasty comments from the neighbor if she personally asked them to address it.  Ms. Wilmes noted that her neighbors could not provide any watching of her property for safety purposes due to the location of this excess equipment.

 

Ms. Wilmes spoke to multiple cars stored at an unoccupied house; and her lack of interest in having RV's parked in front of her home on that street.  Ms. Wilmes opined that it seemed that the neighbors were being required to be accommodating to only two homes among sixteen total on the block and only for a few people who chose not to conform to good neighbor efforts.  Ms. Wilmes suggested that the City Council look at individual versus general issues; and specifically noted that parking items on the driveway versus the street didn't help out in her situation. 

 

Ms. Wilmes opined that she would like to see more response from City staff and follow-up with homeowners than done in the past; further opining that if a particular party was approached by staff and they talked back, staff simply walked away.  While recognizing that those people had rights, Ms. Wilmes noted that she and her neighbors did as well; and invited the City Council to see things from her home and her point of view.  Ms. Wilmes offered to put her picture evidence together for them.

 

Ms. Wilmes noted that she knew she herself had made more than five complaint calls to the City, and opined that maybe they were made to the wrong people or simply not recorded by staff.  Ms. Wilmes opined that this issue is out of hand in their neighborhood and they were seeing no cooperation to address the overall good of the neighbors and the community; and asked that the City consider them, not just owners of boats and/or RV's.

 

Sarah Drinane, 2426 Cohansey

Ms. Drinane expanded on her husband's previous comments.  As a teacher in Mounds View and Shoreview, Ms. Drinane observed that the City of Shoreview was not listed among the cities staff had provided research; opining that this was maybe due to that City having strict ordinances about limiting on-street parking.  

 

However, having dealt with the on-street parking of a pontoon for ten years, Ms. Drinane opined that often boat and RV trailer owners were like children, and if given an inch they would take a mile, and would ultimately find loopholes.  Ms. Drinane addressed one problem home on an "L" shaped lot and definition of the front of the home and how it impacted parking.  At the same property as the pontoon boat, Ms. Drinane noted that they had dealt with a moldy trailer parked behind it, which had finally been removed; but now an RV was parked in the driveway with garbage cans behind it.

 

Ms. Drinane asked that the City Council consider existing and potential loopholes and address those nuisance issues they had to observe continuously.

 

Craig Lein,  Heinel Drive

Mr. Lein spoke in sympathy with his neighbors, opining that it was a complex problem and differences in owners came into the picture.  Having no vested interest in the problem, since his property allowed him to store his boat in the back yard, he did recognize potential problems for his neighbors who tried to be responsible citizens and neighbors.   Mr. Lein asked that the City Council perform due diligence in addressing the sloppiness of the few versus the responsibility of the majority and look at an ordinance that addressed specifics rather than a broad overview, perhaps location-based or based on the type of vehicle.  Since his research indicated that one in every six citizens in MN owned a boat, and he assumed that number may be higher in Roseville, Mr. Lein suggested that some kind of accommodation came forward; and expressed his concern that a reaction to a few issues would negatively affect responsible boat owners within the community.

 

Mayor Roe thanked speakers for their comments; and given the late hour suggested moving further discussion a future meeting, while also allowing time for individual deliberation prior to giving staff direction.

 

At the request of Councilmember McGehee, Mr. Munson reviewed the Administrative Deviation process, as used for other elements at this time, and right of appeal to the City Council in their role as the Board of Adjustments and Appeals.

 

Mayor Roe, referencing considerations given when pet licensing was reviewed, suggested one consideration may be to have allowances if and when the approval of all or a certain percentage of neighbors was received; and combined with the Administrative Deviation process, may be something to consider.

 

To further complicate future discussions, Councilmember Willmus noted that throughout City Code, special provisions were made for lake properties and related issues; and perhaps within those districts a process could be established for those unable to physically get boats off the street or into their rear yards; not a city-wide provision, but within those areas; and that such an option be given consideration.

 

Laliberte moved, Willmus seconded TABLING action on this item to a date non-specific.

                                        Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

 

Mayor Roe noted that staff would attempt to get word out to the public when this was next on an agenda, and specifically those testifying tonight.

 

c.    City Manager Future Agenda Review

City Manager Trudgeon reviewed upcoming agenda items.

 

d.    Councilmember-Initiated Items for Future Meetings

While requested by Councilmember Willmus for additional information at the March 13, 2014 Special City Council meeting from Public Works Director Schwartz on how the City may be able to accommodate or facilitate connection by property owners from house-to-house if experiencing water line freeze-ups, Mayor Roe advised that this would not be feasible due to notice requirements and the nature of Special Council meetings for specific purposes and topics already noticed.

 

City Manager Trudgeon advised that staff's recommendations and comments could be provided to the City Council as a memorandum or e-mail for City Council input and to review potential solutions.

 

Mayor Roe noted that the item could also be added to the discussion at the regular City Council meeting scheduled for March 24, 2014.