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.
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