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.