View Other Items in this Archive | View All Archives | Printable Version

City Council


City Council Meeting Minutes

December 16, 2015


1.      Roll Call

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


2.      Pledge of Allegiance


3.      Approve Agenda

McGehee moved, Laliberte seconded, approval of the agenda as presented.

Roll Call

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

Nays: None.


4.      Public Comment


5.      Council Communications, Reports, and Announcements


6.       Recognitions, Donations and Communications


7.            Approve Minutes


8.            Approve Consent Agenda


9.      Consider Items Removed from Consent


10.        General Ordinances for Adoption


11.        Presentations


12.        Public Hearings


13.        Budget Items


14.        Business Items (Action Items)


a.            Consider Approval of Amended Rosedale 5th Addition Final Plat

City Planner Thomas Paschke provided a brief summary of this revised request from Jones Lang LaSalle (JLL), owners of the Rosedale Center, since the City Council's approval of the final plat of Rosedale Fifth Addition on November 16, 2015.  Mr. Paschke noted that this original final plat and Planned Unit Development (PUD) Amendment created one new lot and revised two existing lots allowing a new future anchor tenant, parking structure and out-parcel development, as detailed in the Request for Council Action (RCA) dated December 15, 2015. 


Since that approval, Mr. Paschke noted that JLL has learned that JC Penney (JCP) corporate headquarters is opposing the parking deck on its lot and consequently the proposed lot configuration.  Given that opposition, Mr. Paschke advised that JLL has revised the final plat to address JCP's concerns, which subsequently affects lot lines, but not the location of planned improvements.  Mr. Paschke noted that the changes in lot lines as detailed in the RCA and site plan (Exhibit A) may require slight modification to the PUD Agreement to address changes in lot configurations, but otherwise only represented s land trade-off between JLL and JSP expanding Lot 2, Block 1 as shown in Exhibit B as the final plat submitted for City Council approval tonight.  Mr. Paschke noted that the new Lot 2 was created for the store addition, and Lot 1 expanded next to the parking deck, with JCP incorporating the remainder of the remaining lot.


At the request of Councilmember McGehee, Mr. Paschke confirmed that it was staff's understanding that both JJL and JCP were happy with this revised arrangement.


No one from the public appeared to speak to this issue.


City Attorney Gaughan referenced page 2 of the draft resolution (Attachment C), Condition 6, noting that since the PUD Agreement had already been approved, he recommended striking the proposed Condition 6 language and revising it as follows: Condition 6: "Approval of any necessary amendment(s) to the previous Planned Unit Development Agreement, as determined by the City Attorney related to legal descriptions created by this revised plat."


McGehee moved, Laliberte seconded, adoption of Resolution No. 11284 (Exhibit C) entitled, "A Resolution Amending the Previously Approved Final Plat of Rosedale Center Fifth Addition (PF15-019);" amended as follows:

Condition 6: "Approval of any necessary amendment(s) to the previous Planned Unit Development Agreement, as determined by the City Attorney related to legal descriptions created by this revised plat."


                                      Roll Call

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

Nays: None.


b.            Approve Outdoor Agricultural Research Plots as a Conditional Use

Senior Planner Bryan Lloyd was present to review this request for approval of outdoor agricultural research plots as a CONDITIONAL USE, as detailed in the RCA dated December 16, 2015.  Mr. Lloyd reviewed the request for these currently un-addressed parcels south and east of County Road C-2 and Mount Ridge Road, formerly known as the PIK Terminal under Pikovsky Management, LLC.  Mr. Lloyd advised that the applicant, Calyxt, Inc., intended to developer their corporate headquarters that included indoor research and development facilities, greenhouses, and up to five acres of outdoor research plots.  Mr. Lloyd noted that this request was specific to the outdoor door use only, as the remainder of development fell within permitted uses for this site.


After further staff analysis and since development of the agenda materials, Mr. Lloyd advised that a substitute condition to replace that of Condition E as follows:

"As part of the required Building Permit process and necessary storm water design review, the applicant shall work with city staff to meet the following requirements:

1)   To help protect the water quality of Langton Lake, the agriculture research plots shall be graded to drain runoff towards existing or new storm water infrastructure.  No constructed outlets from this site will be allowed to flow towards or into Lang Lake.

2)   For any portion of the site that is not regarded or can't be reasonably regarded to drain runoff towards existing or new storm water infrastructure, the applicant shall go above and beyond the City of Roseville's standard and treat the volume from a 2 rain event.


Community Development Director Paul Bilotta reviewed the next steps for Calyxt in finalizing their acquisition of this property.  Mr. Bilotta noted that, since the subject property is located in the Twin Lakes Redevelopment Area, on a former trucking terminal site, the applicant would be submitting a Tax Incrementing Financing (TIF) application to the City which, if approved, would provide financial assistance in remediating contamination on the site, primarily from the TIF Hazardous Substances Subdistrict's set-aside funds restricted for brownfield purposes.  Mr. Bilotta noted that the City's contract brownfield consultant would be available to assist through this process as needed. 


Upon completion of the applicant's pro forma and receipt by the City of their TIF application, Mr. Bilotta advised that the request may also include a request for traditional TIF funds if needed.  Mr. Bilotta noted that Calyxt may be replatting the property to better suit development plans, but advised that whatever applications were forthcoming, they would need to stand on their own merits.


Mr. Bilotta noted that, due to the nature of this outdoor agricultural research, City staff was limited in its regulatory role, and therefore had already contacted other agencies (U. S. Fish and Wildlife, Department of Natural Resources, applicable watershed district, and Department of Agriculture) for their input and review.  Mr. Bilotta also referenced the traffic study already in existence for this area.  Mr. Bilotta sought any preliminary input from the City Council they wished to share at this time regarding those next steps.


Mayor Roe clarified that the only action before the City Council tonight involved the Conditional Use for outdoor storage, and no additional conditions for any next steps were before the body, simply their initial feedback as appropriate for future approval steps.


At the request of Councilmember Willmus, Mr. Lloyd clarified that the applicant had not yet seen the proposed substitute condition, as staff had just expanded it late this afternoon.  However, Mr. Lloyd opined that it was substantially the same as the more general condition, just more detailed.


Councilmember Willmus questioned staff's rationale in Condition F as to the applicant operating farm-type implements on a public street, but agreed with limiting their time of operation on public streets.


Mr. Lloyd stated that staff's only concern was the potentially higher weight and larger tires of those implements on city streets to avoid unnecessary wear and tear.


Councilmember Willmus opined that he didn't feel that portion of the Condition was necessary as typically this type of equipment generated less ground impact than an average vehicle, and therefore, he found it too restrictive.


Mayor Roe clarified, and Councilmember Willmus confirmed, that he was basing his statement on the applicant's narrative.


Councilmember McGehee noted that the agricultural plots were small, at only approximately 5 acres, but also questioned why that equipment would need to drive on a public street, seeking additional input from the applicant.


Councilmember McGehee stated that she did question Condition C, in designating "whenever practical," since other than Rice Creek Watershed District, she had been unable to locate any other regulating agencies for reference.  Councilmember McGehee stated that she would be more comfortable with language addressing current and/or potential future changes of regulatory agencies and requirements, specifically addressing her concern with any significant drift of chemical applications or if pollination issues became a problem needing resolution.  Councilmember McGehee expressed her interest in having available a chance to revise that regulatory review in terms of environmental impact, or if the nature of the business or this company changed its operations in terms of bio-chemicals.


Mayor Roe asked staff to address their rationale in the proposed expanded language for Condition E and drainage into Langton Lake, and what staff was trying to accomplish.


Public Works Director Marc Culver displayed a map of the Twin Lakes Redevelopment Area storm sewer infrastructure as it currently exists, along with the area of the proposed development project, and location of Langton Lake.  Mr. Culver stated that staff's intent for this specific language was to clarify that there would be no additional outlets for stormwater drainage, and that any infrastructure developed on the site would connect to existing stormwater structures on Mt. Ridge Road, and keep the intent for constructed stormwater infrastructure.  Mr. Culver further clarified that language stipulated that any existing grading or any re-grading would be required to be modified or constructed to drain away from Langton Lake, and that the applicant meet a higher standard, insuring meeting volumes for a 2' rainfall event.


At the request of Mayor Roe, Mr. Culver confirmed that the existing stormwater under Mt. Ridge Road did not drain into Langton Lake, but drained into a pond further north.


At the request of Councilmember Laliberte, Mr. Culver confirmed that he had been party to crafting this expanded language for Condition E.


Thomas W. LaSalle, President and CEO of LaSalle Group Limited

As owner representative for the applicant, Mr. LaSalle expressed some confusion with Mr. Culver's explanation and rationale for expanded Condition E, noting this was their initial look at it.


Mayor Roe provided clarification by noting that while the current city standard for treating stormwater volume is not as high as a 2" rain event, the applicant would be asked to increase their standard to address a 2" rain event, for the purpose of dealing with a potentially greater volume.


Mr. Culver concurred, noting that the current standard was for 1.1" of treatment and volume control, but the 2" condition would address rate control measures through the applicant's creation of a pond or ditch to hold the runoff for such a larger rain event.  Mr. Culver agreed with Mayor Roe's further clarification that this condition was intended to apply to any portion of the site not able to be re-graded.


Mr. LaSalle noted that the applicant didn't intend to touch the eastern boundary of the property; questioning what impact this condition then had for them.

Mr. Culver advised that, as the applicant designed their site and stormwater infrastructure for the site, they may want to put in extra pipes to access the existing stormwater system.


Mr. LaSalle advised that their intent was to grade away from Langton Lake, and would actually be creating a crest at the edge of their parcel.


Mr. Culver agreed with the applicant's intent, but noted some elements were near the lake; and agreed with Mr. LaSalle that staff would continue to work with them to determine siting of drainage ponds and address runoff issues.


Mr. LaSalle introduced other representatives of the company available tonight and their roles in the company.  Those present were: Greg Smith, CEO of Calyxt, Inc.; Greg LaSalle, Owner's representative; and B. J. Haun, Director of Product Development for Calyxt, Inc.


Mr. Tom LaSalle advised that the intent was to move the company's headquarters to Roseville, having initiated the firm as a tenant of UEL, an incubator lab by the Transitway at Highway 280, and subsequently moving to New Brighton, but having outgrown that space as well.  Mr. LaSalle noted this was the intent of their incubator process to develop successful businesses, with Calyxt, Inc. now seeking to grow their corporate headquarters in Roseville.  Mr. LaSalle stated this site works uniquely well for the firm and their business; anticipating they would grow to 100 employees relatively quickly.  Mr. LaSalle clarified that the equipment used for the business was similar to and only slightly larger than typical home garden equipment for these relatively small plots, and nothing to compare to larger agricultural equipment or tractors.


B. J. Haun

Mr. Haun confirmed that the small agricultural plots were similar to a large garden, and would be sized similarly to a very large lawn mower or wood chipper, and no larger or causing any impact to public streets.

Regarding runoff or chemical applications of chemicals on the fields, Mr. Haun noted, as mentioned in the Planning Commission meeting minutes, their intent would be to apply less chemicals and fertilizers than a typical residential yard would use.  Mr. Haun advised that their firm worked cooperatively with the U of MN and their agricultural plots at Larpenteur; and intended to follow their procedures, monitoring of water, logging of any chemical applications, and follow their lead on how they operate their outdoor plots with residential parcels surrounding them.


Regarding Condition F referenced by Councilmember Willmus related to driving tractors or equipment on public streets, Mr. Tom LaSalle advised that they had no intention to do so, nor would their equipment cause any negative impact, but noted they had no concern with leaving that language in.


As a resident near the U of MN, Councilmember McGehee noted the amount of work required of residents in getting the U of MN to where they were now with pesticide applications and posting of their sites, and application constraints on windy days.  Councilmember McGehee stated that residents considered that a natural park area, and had done their due diligence to ensure that park land was not affected.


Mr. Haun stated that he had worked in those U of MN fields as a student there, and noted the type of application used that was rated for indoor use and its nominal affect.  Mr. Haun advised that the current Calyxt, Inc. employee was certified for indoor application, and would be pursuing the additional ½ day course to receive certification for outdoor application.  Mr. Haun further advised that each chemical they used listed specific conditions for its application; and they maintained a log of what and when that application was made, which was open to the public for their inspection.  Mr. Haun assured the City Council and public that they would not in any way be applying chemicals to the extent of the U of MN.


At the request of Councilmember McGehee, Mr. LaSalle and Mr. Haun advised that Calyxt, Inc. was still considering the type of screening for the plots from the road and the pros and cons of fencing the plots to screen them.  With Councilmember McGehee noting the use of signs when the U of MN applied chemicals for the public's awareness, Mr. Haun advised that Calyxt, Inc. would also provide due diligence on signage, as required for the public and their firm's employees, of what had been applied, when applied, and when it was safe to go back on the plot(s).  Mr. Haun advised that the concept was to screen the test plots from the street, as they didn't want people walking through them, noting that the plots were not flat like those at the U of MN.


Councilmember McGehee referenced the regulating agency information provided to-date, but expressed her personal concern in cutting trees on site, as noted by the U. S. Fish and Wildlife Service, asking that tree removal be limited between October and March to accommodate nesting of certain wildlife species.


Greg Smith

Mr. Smith clarified that Calyxt, Inc. preferred not to cut any trees unless absolutely necessary; and noted the stand of trees (Site Map B) that would need removed for their parking lot, but those along the lot line would involve removal of very few, since the test plots would mostly be operated on the bare area of the parcel where there were no trees.

Public Comment

Dwayne Metz, 2926 Mildred Drive (east side of Langton Lake)

Mr. Metz advised that the City Council had addressed most of his concerns related to chemical runoff and chemical drift concerns.  Mr. Metz offered his compliments and positive feedback to the City Council in addressing his concerns upfront.

Council Discussion

Condition C (Outdoor cultivation and research/Pertinent Regulating Agencies)

After ensuing discussion, and as previously voiced by individual Councilmembers, without objection, at the suggestion of Councilmember Etten, Condition C was revised to strike the last two words: "whenever practicable."


Condition E ((Expanded Condition proposed by staff to address runoff)

Councilmember Willmus expressed his interest in not having the condition stipulate that the applicant may need to re-grade to address drainage that would in turn cause the loss of mature trees with the proposed substitute language.  While recognizing the importance of protecting Langton Lakes, Councilmember Willmus expressed his concern with the potential loss of the existing buffer of mature vegetation to any greater extent than was necessary.


Councilmember McGehee suggested including language in terms of re-grading versus the loss of mature trees while addressing the need to filter drainage into Langton Lake.


Mayor Roe suggested adding language such as: "for any portion of the site not reasonably re-graded to drain runoff toward existing infrastructure, with consideration given to existing mature trees."


Councilmember Etten expressed appreciation with such an adjustment for Condition E, stating his preference to retain trees.


Councilmember Laliberte expressed her interest in being reassured that, should there be an old existing sewer drainage pipe in place, the applicant is prevented from hooking up to those old lines.  As written in the proposed expanded language, Councilmember Laliberte stated she found it too vague.


Councilmember McGehee sought clarification as to where the old existing pipes were located as well as areas of wetland pockets.  Councilmember McGehee questioned if staff was attempting to state that everything installed had to be connected to the stormwater infrastructure located under Mt. Ridge Road.


Councilmember Etten suggested designating that in the proposed expanded language.


Mr. Culver recommended language to clarify "existing public infrastructure" or "new public infrastructure."   However, Mr. Culver noted that, without this condition, and given new stormwater management requirements, staff would not allow the applicant to keep any old infrastructure anyway.


Condition F (farm-type implements)

Councilmember Willmus proposed revising this condition to leave the hours, but strike the remainder of the condition related to driving on public streets.


Councilmember Etten agreed with Councilmember Willmus' proposed revisions, opining this wasn't a current problem and since the applicant didn't intend to create a problem, there was no need to list it as a condition for approval.


Councilmember Laliberte agreed with striking the second part of that condition as recommended by Councilmember Willmus.


General Councilmember Comments

Councilmember Laliberte expressed appreciation for the applicant's narrative and the dialogue with the Planning Commission, having reduced her questions with that prior written input and verbal discussion.


Mayor Roe agreed that the applicant's narrative was especially good, noting that some of those efforts had been brief from previous applicants in the past; but noted the applicant in this case took the effort to explain the appropriateness of a conditional use.


Discussion ensued related to the hours of operation for the greenhouse; with clarification from staff that the greenhouses are not part of the Conditional Use application, only outdoor storage.  However, staff clarified that lighting would still need to be addressed within the confines of the city's existing lighting standards and would be measured at the applicant's lot line, similar to those of ballfields and therefore controlled accordingly. 


Willmus moved, Etten seconded, adoption of Resolution No. 11285 (RCA Exhibit B) entitled, "A Resolution Approving Agricultural Research Plots as a Conditional Use (PF15-024);" amended as follows:

·         Condition C: revise to read: "All aspects of outdoor cultivation and research shall comply with all requirements from pertinent regulating agencies, and industry best management practices should be used [whenever practicable].

·         Condition E: substitute the following expanded language:

"As part of the required building permit process and necessary storm water design review, the applicant shall work with city staff to meet the following requirements:

1)   To help protect the water quality of Langton Lake, the agriculture research plots shall be graded to drain runoff towards existing PUBLIC or new storm water infrastructure.  No constructed outlets from this site will be allowed to flow towards or into Lang Lake.

2)   For any portion of the site that is not re-graded or can't be reasonably re-graded to drain runoff towards existing new PUBLIC storm water infrastructure WITH CONSIDERATION GIVEN TO PROTECTING MATURE TREES, the applicant shall go above and beyond the city's current standard and treat the volume from a 2" rain event


·         Condition F: revise to read: "Farm-type implements shall not be operated between 9:00 p.m. and 7:00 a.m." [and shall not be driven on public streets when being moved around the site].


                                      Roll Call

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

Nays: None.


Mayor Roe and Councilmembers all thanked Calyxt, Inc. for looking at Roseville for their business expansion.


15.        Business Items - Presentations/Discussions


16.        City Manager Future Agenda Review


17.        Councilmember-Initiated Items for Future Meetings


18.        Adjourn

Etten moved, Laliberte seconded, adjournment of the meeting at approximately 4:48 p.m.


                             Roll Call

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

Nays: None.