City Council

City Council Meeting Minutes

Regular Meeting

June 29, 2009

1.         Call Roll

Mayor Klausing called to order the Roseville City Council regular meeting at approximately 6:00 pm and welcomed everyone. 

(Voting and Seating Order for June: Johnson; Pust; Ihlan; Roe and Klausing)

Mayor Klausing noted that Councilmember Pust had been previously excused from tonight’s meeting. City Attorney Jay Squires was also present.

2.         Approve Agenda

City Manager Malinen advised that Consent Agenda Item 7.f entitled,” Adopt a Resolution Approving the Request by Twin City Truck Sales for Conditional Use at 2205 County Road C-2 to allow sales of light duty utility trailers (PF09-015),” had been removed from the Consent Agenda at the request of the applicant to allow for additional discussion.  City Manager Malinen further noted that Business Item 12.g entitled, “Approve Request by Wellington Management for rezoning of 1126 Sandhurst Drive and 2167 Lexington Avenue to Planned Unit Development and Approve a Planned Unit Development (PUD) Agreement and Final Planned Unit Development to allow the Construction of a Multi-tenant Commercial Office Property (PF09-003),” had been rescheduled for the July 13, 2009 regular meeting, at the request of the applicant.

The agenda was approved by consensus as amended.

3.         Public Comment

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

a.         Ann Berry, 1059 Woodhill Drive, Member of the League of Women Voters (LWV) and Local Code Enforcement Committee and Georgeann Hall

Ms. Berry advised that the LWV had been monitoring the City’s R-1 Housing Code since 2000, had met with City staff, and heard presentations by staff members.  Ms. Berry noted the LWV’s interest in the City’s Neighborhood Enhancement Program, deeming it an important project, now in the second year of a four-year program to cover the entire City.  Ms. Berry advised that the LWV felt this was an important program, since it was a pro-active program for the City for code violations, rather than reactionary.  Ms. Berry opined that curb appeal, with Roseville’s aging housing stock, was important, and maintenance of the city’s housing stock was crucial.  Ms. Berry distributed, and read a resolution of support passed by the LWV dated June 29, 2009, of the City continuing to budget for the Neighborhood Enhancement Project, to encourage and motivate all residents and property owners to be attentive to the upkeep, maintenance and general appearance of their properties.  Ms. Berry noted the areas of improvement in the community already being evidenced.

          b.         Riaz and Katherine Hussain, 1901 Lexington Avenue N

Mr. Hussain expressed confusion related to a previous resolution passed by the City Council, prior to his purchase of the property, and enforcement by staff of parking issues.  Mr. Hussain advised that conditions remained similar to those of the previous owner, a Veterinarian, and that the parking lot use was for employees only.  Mr. Hussain expressed concern that the City was asking him to change something that had been in existence prior to his purchase of the property; and noted that the proposed deli was no longer being considered.  Mr. Hussain advised, from his personal observations, that there was no traffic issue along Autumn, and that only two-three vehicles went by his building daily.

Mayor Klausing advised Mr. Hussain that, while he had been advised by staff that this parking issue along the south side of the property at the corner of Lexington and Autumn, may come before the Council at tonight’s meeting, the Council needed to have staff provide the past action and meeting minutes to refresh their collective memories of the situation before responding to Mr. Hussain, and whether this was something that staff could handle administratively or something requiring City Council action.  Mayor Klausing asked for Mr. Hussain’s patience while allowing staff to research the issue, and advise the Council if this enforcement action was related to an earlier Planned Unit Development (PUD) condition of approval, and unrelated to the proposed from the deli use; and asked that staff provide that information to the City Council before further discussion.

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

            Mayor Klausing invited the community to a groundbreaking ceremony on July 2, 2009 for the Twin Lakes Redevelopment Infrastructure Improvements, Phase I.

          Mayor Klausing announced, as part of the ongoing Imagine Roseville 2025 community visioning, four community meetings at various times and dates, in order to highlight the City’s Capital Investment Plan, and Parks Master Plan, in order to seek public input for upcoming budget discussions.  Mayor Klausing listed the locations, times and dates, with additional information available by contacting City Hall or on the City’s website.

          Councilmember Roe clarified that the Twin Lakes groundbreaking ceremony was for infrastructure improvements (i.e., streets), and not for a specific redevelopment project.

Councilmember Roe further encouraged citizens to participate in one or more of the upcoming Town Hall meetings to provide their input to the City’s decision-makers for future budgets and capital improvement planning, in addition parks Master Planning and overall City long-range planning.

          Mayor Klausing announced an award to the City of Roseville’s Information Technology (IT) Department of the League of Minnesota Cities (LMC) Metro I 2009 Excellence Award.  Mayor Klausing briefly summarized a history of the department since its inception in 1999, and current provision of IT services to 22 government entities and/or agencies, representing over 1,000 users at fifty 50 separate facilities.  Mayor Klausing noted the financial efficiencies for all parties based on this shared model.  Mayor Klausing introduced and recognized Network Manager Terre Heiser and Network Systems Analyst Aaron Seeley, both present with additional department staff, at tonight’s meeting. 

          City Manager Malinen provided a brief explanation of the annual City of Excellence Award by the LMC; and his honor at representing the City in receipt of the award at the annual LMC meeting

          Mayor Klausing formally presented the award to Mr. Heiser on behalf of his department and the City.

5.         Recognitions, Donations, Communications

6.         Approve Minutes

a.                 Approve Minutes of June 15, 2009 Regular Meeting

Roe moved, Johnson seconded, approval of the minutes of the June 15, 2009 Regular Meeting as amended.

Corrections:

                   Page 1, Line 40-42 (Klausing)

§         Mayor Klausing endorsed the revised paragraph (Page 1, Lines 43-45 and concluding on Page 2, Lines 1 – 5) clarifying his support of the motion to recess into Closed Executive Session.

Page 11, Line 26 (Roe)

§         Correct to read…”Mr. Munson noted that there was a double garage on the property,…” to “…Mr. Munson noted that there were two (2) double garage[s] on the property…”

Page 23, Line 27 (Roe)

§         Correct references from “he” to “she” in reference to Councilmember Ihlan.

Previously noted corrections as amended (Roe):

§         Pages 1, 6, 7, 9, 11, 14, 15, 17, 18, 22, 23, 24, 25, and 27

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

Nays: None.

7.                 Approve Consent Agenda

There were no additional changes to the Consent Agenda than those previously noted.  At the request of Mayor Klausing, City Manager Bill Malinen briefly reviewed those items being considered under the Consent Agenda.

a.                 Approve Payments

Klausing moved, Johnson seconded, approval of the following claims and payments as presented.         

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

                        Nays: None.

b.                 Approve Business Licenses

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

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

                        Nays: None.

c.                  Approve Tuberous Sclerosis Alliance One-Day Gambling License

Klausing moved, Johnson seconded, approval of the request Tuberous Sclerosis Alliance to conduct a raffle on August 15, 2009 at Joe Senser’s Sports Grill & Bar located at 2350 Cleveland Avenue N.

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

                        Nays: None.

d.                 Approve General Purchases or Sale of Surplus Items Exceeding $5,000

Councilmember Johnson questioned the choice of dealer for vehicle replacement purchase, and whether staff had sought matching prices from Roseville dealerships.

City Manager Malinen briefly explained the State contract’s purchasing volume and power, and advantages for the City’s participation in that contract price.

Public Works Director Duane Schwartz advised that staff had sought bids from local dealerships, with them being unable to match the State Contract price.

Klausing moved, Johnson seconded, approval of general purchases and/or contracts as follows:

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

                        Nays: None.

e.                 Adopt a Resolution Approving the Request by Donald Plumb for vacation of a portion of the South McCarrons Boulevard right-of-way adjacent to his residential property at 501 South McCarrons Boulevard (PF09-013)

Klausing moved, Johnson seconded, adoption of Resolution No. 10718 entitled, “A Resolution Vacating Public Right-of-Way Abutting 501 South McCarrons Boulevard (PF09-013).”

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

                        Nays: None.

g.                 Approve Maintenance Agreement between Rick Creek Watershed District and the City of Roseville for Stormwater Management Facilities for Twin Lakes Infrastructure Improvements – Phase I

Klausing moved, Johnson seconded, approval of a Maintenance Agreement between the City of Roseville and Rice Creek Watershed District (RCWD) for Stormwater Management Facilities for the Twin Lakes Infrastructure Improvements – Phase I.

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

                        Nays: None.

h.                 Approve a Joint Powers Agreement between the City of Roseville and City of Lauderdale for Sanitary Sewer Service

          Klausing moved, Johnson seconded, approval of a Joint Powers Agreement (JPA) between the City of Roseville and the City of Lauderdale, for connection to the City of Lauderdale’s sanitary sewer system to serve the Paper Calmenson site.

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

                        Nays: None.

i.                    Resolution Approving an Agreement between the City of Roseville and the Minnesota Department of Transportation (MnDOT) for Relocation of a Sanitary Sewer Lift Station and Contract for Quitclaim Deed

Councilmember Roe noted that an updated agreement between the City of Roseville and the Minnesota Department of Transportation (MnDOT) had been provided as a bench handout, and sought clarification as to the revisions on the updated document.

City Manager Malinen advised that the updated agreement, upon further negotiation, provided additional language revisions in the interest of the City.

City Attorney Jay Squires addressed the specific revision, in removal of the termination clause by MnDOT, from the original agreement that had indicated unilateral rights to termination by MnDOT and caused concern for potential impacts to the City if that should happen.  City Attorney Squires opined that all remaining terms were favorable.

Mayor Klausing asked that, in the future, staff highlight the City Council of such significant revisions.

          Klausing moved, Johnson seconded, approval of Resolution No. 10719 entitled, “Resolution Approving Utility Relocation Agreement (No. 94042 entitled, “Utility Relocation Agreement and Contract for Quitclaim Deed);” between the City of Roseville and the State of Minnesota, acting through its Commissioner of Transportation, for relocation of a sanitary sewer lift station and contract for Quit Claim Deed.

                                                Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

                        Nays: None.

j.                   Approve Bid for replacement of Pavers on Larpenteur Avenue Streetscape

City Manager Malinen clarified that the original contractor, Anchor Block, had agreed to warranty the pavers at no cost to the City, but that the City had obtained bids for labor required.

Klausing moved, Johnson seconded, approval of a bid by Glacial Ridge Co. to replace sidewalk pavers within a 14,700 square foot area on Larpenteur Avenue between Lexington and Fernwood Avenues, at a cost of $63,651, plus five percent (5%) for miscellaneous materials for a total cost of $66,833.55.

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

                        Nays: None.

k.                  Approve Change Order and Adopt a Resolution to Accept the Work Completed, Authorize Final Payment of $10,681.25, and Commence the One-Year Warranty Period on the 2007 Storm Sewer Modifications Project

Klausing moved, Johnson seconded, approval of the Change Order dated June 29, 2009, and identified as “Attachment A” and detailed in the staff report of that same date.

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

                        Nays: None.

Klausing moved, Johnson seconded, adoption of Resolution No. 10720 entitled, “Final Contract Acceptance – 2007 Storm Sewer Modifications Project;” starting the one-year warranty and authorizing final payment of $10,681.25.

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

                        Nays: None.

l.                    Roseville Energy Conservation Team (REACT) Energy Update

Mayor Klausing, on behalf of the City Council and community, recognized the internal staff REACT committee and their efforts to reduce the City’s energy consumption.  Mayor Klausing opined that this provided a view of how the City and its staff did business, to make the city as energy efficient and cost-effective as possible for its taxpayers.  Mayor Klausing specifically recognized REACT Chair  Duane Schwartz, and those members of the City’s Public Works, Environment, and Transportation Advisory Commission present at tonight’s meeting.

Klausing moved, Johnson seconded, accepted the Energy Update from City staff’s Roseville Energy and Conservation Team (REACT).

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

                        Nays: None.

m.               Approve Stipulation with Pikovsky Management LLC and PIK Terminal Company Limited Partnership regarding the acquisition of property for the Twin Lakes Phase I Infrastructure Project

Klausing moved, Johnson seconded, approval of entering in the stipulation agreements with Pikovsky Management LLC/PIK Terminal Co. Limited Partnership regarding the purchase of property for the Twin Lakes Phase I Infrastructure Project.

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

                        Nays: None.

8.                 Consider Items Removed from Consent

a.                 Adopt a Resolution Approving the Request by Twin City Truck Sales for Conditional Use at 2205 County Road C-2 to allow sales of light duty utility trailers (PF09-015) (Former  Consent Agenda Item 7.f)

Mayor Klausing again noted that this item had been removed from the Consent Agenda at the request of the applicant.

Associate Planner Bryan Lloyd summarized the request of Twin City Truck Sales for approval of a proposed Conditional Use of a portion of the property at 2205 County Road C-2 to allow sales of light duty utility trailers at the property.  Mr. Lloyd noted, since the Public Hearing held at the Planning Commission level, and as part of the Planning Commission’s recommendation for approval, staff and the applicant had worked to better define the applicant’s intent as to the size of trailers proposed for sale. 

Mr. Lloyd noted that, since preparation of the Council Agenda Packet, the applicant sought further clarification and approval of slightly longer trailers to accommodate the trailer hitch assembly.

Applicant, Anthony Trowbridge, 465 Woodruff Avenue

Mr. Trowbridge expressed concern that the proposed conditions limiting the overall length at 14 feet would not allow for varying lengths of draw bars, based on the type of vehicle used for towing the trailers; and asked for a slight modification in the language.

Discussion included types of hitch assembly used for this type of trailer and towing vehicles; single and double axle trailer sales intended; and standard trailer width for towing purposes.

                   There was no public comment related to this item.

Johnson moved, Ihlan seconded, adoption of Resolution No. 10721 entitled, “A Resolution Approving Trailer Sales as a Conditional Use in Accordance with Roseville City Code, Sections 1007.015 and 1014.01 for Twin City Truck Sales & Service Ltd. and Cleanco Truck Wash (PF09-015);” amended to revise language of Condition C to read:

“Trailers sold shall be limited to those that meet the definition in Minnesota Statute 169.011, Subd. 86; and not exceeding 14 feet in overall [box] length and 8 feet in overall width.”

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

                        Nays: None.

9.                 General Ordinances for Adoption

10.             Presentations

a.                 Joint Meeting with the Public Works, Environment and Transportation (PWET) Commission

Chair Jim DeBenedet and Commissioners Dwayne Stenlund; Jan Vanderwall; and Steve Gjerdingen were present representing the PWET.

Chair DeBenedet – reviewed the past year’s activities of the PWET; and highlighted future activities and concerns of the PWET as detailed on the report dated June 29, 20009.

On a related note, Mayor Klausing advised the PWET and public that the City had received word from the Environmental Quality Board (EQB) that the Minnesota Pollution Control Agency (MPCA) had been designated as the Responsible Government Unit (RGU) for further environmental for the proposed asphalt plant; and thanked the PWET for their review of the proposal.

Mayor Klausing thanked the PWET for their innovative recommendations for the Twin Lakes Storm Water Plan, expressing his favorable impressions of their study.  Mayor Klausing opined that this was evidence of the importance of citizen input on advisory commissions to the City Council.

Chair DeBenedet noted staff’s receptiveness to innovative planning (i.e., Twin Lakes Storm Water Plan), making implementation details possible.

Discussion among Chair DeBenedet, PWET Commissioners, and Councilmembers included concerns for adequate funding of maintenance efforts and preservation of the City’s infrastructure investments; maintenance versus reconstruction costs and inability to recoup costs for deferred maintenance based on benefits lost and additional infrastructure deterioration; aging infrastructure of Roseville; and hidden infrastructure of which the public remained unaware until its failure.

Further discussion included the PWET’s request for additional street sweeping efforts to reduce storm water runoff and to improve water quality of area waterways; need to recognize citizen requests in the Imagine Roseville 2025 visioning process, and the Pathway Master Planning exercises by planning consistent construction and maintenance of the City’s pathway and sidewalk systems, and not deferring them even when grant monies were unavailable; with Chair DeBenedet encouraging citizens to attend the upcoming community meetings to provide their input to the City Council.

Discussion ensued on changing school bus routes and the challenge of providing safe walkways for pedestrians, and encouraging reduced heavy traffic on roads, thus reducing maintenance costs. 

Chair DeBenedet suggested that the City Council consider three different considerations to assist with infrastructure maintenance for streets: build more pathways; regular maintenance schedules; and reducing heavy vehicle traffic (i.e., buses and garbage trucks) on city streets.

Discussion continued in noting the desire of citizens to walk, but the need for safety in their doing so; noting those intersections that were deemed unsafe within the community; recent improvements in design of the Rice Creek interchange project with reconstruction of Rice Street at Highway 36; the vital part a pathway system would play in Neighborhood Enhancement Program achievements; and  whether a Pathway Master Plan should be part of any future referendum in conjunction with Park and Recreation improvements by endowing and incorporating both of those needs, if so indicated by community support.

Some discussion was held on whether it would be prudent, while politically unpopular, for the City to consider organized waste collection to further reduce heavy truck traffic on residential streets for safety and maintenance reasons, and in providing an overall cost to citizens.  Discussion continued on state statutes and procedures related to this issue; and whether additional review was needed, based on new energy and recycling efforts, and the need to educate the public on both sides of the issue before making a decision.

Chair DeBenedet led a discussion on possible review of the City’s storm water ordinance, and whether existing ordinances should be combined for easier enforcement and applicant understanding with proposed projects; and the need for commitment from the City Council for any recommended policies for enforcement (i.e., illegal discharge into the City’s sanitary and/or stormwater systems); and the PWET’s interest in working on a comprehensive ordinance and recommendation for consideration by the City Council for staff management of that function.  Chair DeBenedet and Commissioners opined that the least expensive way, when funds were limited, to clean stormwater was to keep construction runoff from entering the system, and to increase street sweeping.  The PWET supported the City’s purchase of a vacuum street sweeper to reduce phosphorus loading of waterways; and noted recent joint purchase of that equipment by the Cities of Falcon Heights and Little Canada, and whether the City could partner with those communities.  Commissioners suggested the PWET’s further study of how erosion control permits were enforced; and the ability to compost seeds and leaves if swept up before they became dredge material; and preference for a stormwater quality control ordinance rather than erosion control ordinance.

Commissioners noted their frustration that there remained a number of people in Roseville who continued to illegally dump paint and/or motor oil in the stormsewers, and the need to increase education efforts to alert them to the impacts of this practice.

Chair DeBenedet sought City Council input on whether the PWET was following the charge of the City Council; and how to proceed in the future.

Mayor Klausing recognized his original opposition to the creation of the PWET, since he failed to see a clear mission  for their creation; however, he noted that the PWET had developed into a good niche for those items not falling within land use issues; and he found the work and recommendation of the group exciting in the decision-making process.  Mayor Klausing noted the personal and professional expertise brought to the PWET by individual Commissioners as they assisted the staff and the City in researching various issues.

Councilmember Roe noted his review of the PWET discussion on the asphalt plant proposal, and how comprehensive and fascinating he had found their questions and understanding of the issue before them.  Councilmember Roe noted the PWET’s frustration in determining how they fit into some land use discussions; and encouraged the group to look at the upcoming zoning code update process over the next year to determine whether they had any role in uses in specific areas, and looked forward to receiving their comments related to that update.

Councilmember Ihlan expressed support for the development of a pathway/sidewalk plan and network to achieve safety for pedestrians and/or bikers throughout the community, as well as when crossing busy intersections.  Councilmember Ihlan opined that she would like the PWET to routinely review all land use issues having elements related to their review, rather than issues coming to the City Council first, and then being referred to the PWET, noting that some communities had a stormwater review process before land use approvals, and suggested that become routine practice rather than the exception.  Councilmember Ihlan also spoke in support of a stormwater quality ordinance that would be broad-based and look at all sources and related issues.

Councilmember Johnson concurred with Councilmember Ihlan’s suggestion to make the PWET part of land use reviews, allowing for broader involvement of citizens in the land use process, and allowing the PWET as one more opportunity for them to be made aware of potential projects.  Councilmember Johnson encouraged the PWET to attend the one or more of the town hall meetings to engage citizens in their related budgeting concerns as outlined in their report.  Councilmember Johnson expressed his personal appreciation for the work of the PWET and skill set they each brought to the commission.

Commissioners recognized the receptiveness of and good information provided by staff in assisting the PWET in their work; recognizing the limited time resources based on other workload responsibilities. 

Mayor Klausing thanked Commissioners for their attendance, and recognized staff liaisons to the various advisory commissions, all collectively helping the City Council in their decision-making for the community.

b.                 Rental Registration Update Presentation

Community Development Director Patrick Trudgeon provided a review of the first year of the City’s newly-implemented rental registration program; and some interesting data and statistic analysis during that year.  Mr. Trudgeon noted the challenges for staff in having no established database when initiating the program and limited staff resources available for follow-up on those rental units remaining unregistered.  Mr. Trudgeon provided an updated map showing locations of registered rentals, and differentiations in Single-Family, Condominium, Duplex, Townhome, and Triplex rental units.  Mr. Trudgeon noted that staff would be in a much better position to provide more detailed demographics after the second year of the program, based on the City’s IT staff expertise and GPS information gathering.

Mr. Trudgeon addressed some statistics that were surprising, given preconceived perceptions going into the program; as well as complaints for owner-occupied versus rental properties); and noted the pro-active nature in having current contact information on registered rentals for code enforcement purposes.

Discussion included whether staff could break down code violations based on rental status to clarify perceptions versus realities; multiple violations versus singular violations per property; availability of quantified data, such as compliance rates for rentals versus owner-occupied units; recognizing those landlords and property owners who are in compliance and maintaining their rental properties; clarifying rental properties based on non-homesteaded properties using Ramsey County property record data, and follow-up between residents, the City and Ramsey County in correcting those records; and whether future tracking could include certain areas of the City trending toward conversions from single-family, owner-occupied properties to rentals.

Mr. Trudgeon noted another interesting statistics indicating those landlords living in the community versus those out-of-town investors.  Mr. Trudgeon reviewed development by staff of a more improved and streamlined application process for benefit of the public and reducing staff time; and better compliance rates being achieved in the second year of the program.

Recess

Mayor Klausing recessed the meeting at approximately 7:34 p.m. and reconvened at approximately 7:42 p.m. 

11.             Public Hearings

a.                 Public Hearing for Proposed Construction of a Noise Wall along Highway 36 as a part of the Rice Street Interchange Project

Public Works Director Duane Schwartz reviewed summarized the evaluation and design process to-date, based on state and federal environmental rules, for Ramsey County’s reconstruction of the interchange of Highway 36 and Rice Street, from preliminary to final design.  Mr. Schwartz noted that a noise analysis has indicated that highway noise in the northwest quadrant of the interchange would exceed state standards, creating the need to verify that a majority of the property owners adjacent to the noise wall are supportive of its construction.

Mr. Schwartz introduced agency representatives and presenters of the proposed noise wall, including Ramsey County Project Manager Jim Tolaas; Marc Goess, with the Minnesota Department of Transportation (MnDOT):and Engineering Consultants Mark Benson and Eric Tomlinson with the firm S.E.H.

Presenters provided schematics of the proposed design of Highway 36 and the intersection at Highway 36 and Rice Street, eliminating one signalized intersection on Rice, evening alignment and proposing a noise wall on the north side of Highway 36.  The presentation included rationale and criteria in the noise analysis; state and federal standards based on decibel (dBA) levels and differentiations in those standards; and daytime and night-time dBA levels, with abatement required when they exceeded those standards, whenever technically feasible and reasonable.  Comparison levels for typical dBA perceptions were provided; and impact assessments based on computer modeling before and after proposed construction activities; and mitigation assessment indicating barrier effectiveness, location, and municipal support for such mitigation.

Presenters provided overall observations from both sides of Highway 36 and noise levels above state standards today, and predicted in the future; inability to install a noise wall on the south side based on MnDOT cost-effectiveness criteria; proposed changes in ramp locations and ground lines that would further serve to reduce some noise levels; and recommendations, based on that analysis, of a 20 foot  noise wall along the north side of Highway 36, ultimately affecting 41 residents along that side, with terrain impacts providing additional shielding affects.  The proposed location of the wall would be from Western Avenue to in front of Calibre Ridge townhomes, with flexibility provided for the location of the wall based on topography and noise reduction modeling for maximum dBA reductions.  Sample construction types and views were presented.

Presenters noted that local communities impacted were given an opportunity to approve or deny proposed noise wall construction; and advised of their availability to respond to questions and/or concerns of the public and City Council.

Discussion among Councilmembers and presenters included the need to remove some vegetation and mature trees for construction of the noise wall, with further consideration for retaining as many as possible; costs for noise wall construction built into the project, with no cost to the city; acoustical effectiveness versus the aesthetics of a 20 foot wall; distance variations of first row properties depending on topography and most effective location of the wall; and benefits to those properties in noise level reductions.

Further discussion included if property owners needed to be individually surveyed as a next step in the process if there was not a clear indication from tonight’s Public Hearing; and measurement of the 20 feet in relation to the level of the highway depending on topography.

Mayor Klausing opened the Public Hearing at 8:04 p.m. to receive public comment on the proposed construction of a noise wall along Highway 36 as a part of the Rice Street Interchange Project.

Public Comment

For the record, City Manager Malinen noted receipt of mailed, telephone, and/or e-mailed comment for tonight’s meeting, with those in favor being 5 in number and those against being 2 in number.

Mike Bowden, south side of Highway 36, 311 County Road B

Mr. Bowden asked if there would be an increase in noise on the south side of the highway if the noise wall was built on the north side.

Mr. Tomlinson responded that MnDOT had performed field studies based on that concern, and responded that there was no noticeable increase to the opposite side with construction of the noise wall; and that the frequency or type of noise could change, but wouldn’t increase perceptively.

Jeff Pedro, 2252 Marion Street (behind Calibre Ridge)

Mr. Pedro expressed concern in losing trees or vegetation between the wall and their location; however, opined that the trees would continue to grow to block out the wall, and overall was supportive of the noise wall, and proposed location.

Dean Stubbe, 345 Capital View

Mr. Stubbe expressed his wholehearted support of the wall; and opined that it would help with noise and air pollution as well.

Ray McDonald, 2241 Marion Street

Mr. McDonald advised that the normal humdrum tire noise were not a problem, but expressed annoyance with big trucks and massive tire noise, including their jake breaking as they slowed for the Rice Street interchange.  Mr. McDonald opined that when the road was first resurfaced, there was little tire noise; however, as the roadway became worn, the tire noise had increased, particularly during the nights, when it seemed excessive.  Mr. McDonald was generally supportive of the wall; but questioned if graffiti would become a problem, even though the wall would be a benefit to the neighborhood.

Mr. Gess advised that MnDOT would be responsible for maintenance of the wall, and applied a graffiti prevention coating on the wall that made graffiti removal, if necessary, and easier process.

 Bee Hanlon, 333 Capital View     Ms. Hanlon spoke in support of the wall; but questioned how far south of the freeway fence, on the western edge, the wall would be located, based on the slope of the land in that area.

Mr. Benson responded that distance between the wall and fence would depend on the specific location; and clarified that in some areas the fence would be removed, depending on rights-of-way locations, topography.

Mr. Gess advised that MnDOT prefers locating the noise wall as close to the right-of-way line as possible, while allowing for a ten foot  buffer, with that property available to the property owner for additional use; with maintenance of that property usually up to the property owner, given the low priority given beyond annual maintenance by MnDOT due to budget and staff constraints.

Karen Regal, 271 Capital View

Ms. Regal was basically supportive of the wall for noise reduction, with some ambivalence based on aesthetics and no longer having a view; and sought clarification as to whether the berm hill would be leveled, noting that sound currently came through in several areas surrounding the berm.

Mr. Gess advised that the berm would most likely be leveled some to allow the contractor to establish a working platform.

Francine Bloecker, 2244 Marion Street

Ms. Bloecker spoke in support of the wall, and thanked MnDOT and other agencies for its installation; opining that the noise continued to get worse all the time, and with trees between her and Calibre Ridge behind her, she still couldn’t have her windows open due to the noise.

Yvonne Greilin, 357 Capital View

Ms. Greilin spoke in opposition to the wall, asking that she not be fenced in.  Ms. Greilin opined that she had to keep her windows closed all the time; but she didn’t want to look at a fence; and no longer be able to have a “Capital View” any longer.

For the benefit of the entire City Council, Mayor Klausing polled those members of the public present in the audience to determine those supporting the wall, those in opposition, and those ambivalent.

Mr. Pedro

Mr. Pedro noted the benefits of the wall on the environmental, based on previous comments about having to consistently run the air rather than opening windows.

Mayor Klausing closed the Public Hearing at 8:24 p.m.

12.             Business Items (Action Items)

a.                 Approve Construction of  Noise Wall along Highway 36 as a part of the Rice Street Interchange Project

Before making a decision, Councilmember Ihlan requested a more detailed survey, specifically of those closest to the wall, to determine the balance of public opinion; while recognizing that the majority of comments heard tonight were in favor of the wall’s construction. 

Mayor Klausing reviewed written comments received to-date on this issue, as previously reported by City Manager Malinen.

Councilmember Ihlan questioned if some of the written comments supporting the wall were premature based on their perception of the height and landscaping that were not specifically addressed in the written notice from staff.

Mayor Klausing questioned any significant changes in comparable feedback to-date with an approximate 70/30% majority split in support of the wall.

Councilmember Ihlan opined that those directly affected, and closest to the wall, could have full information, and then speak for or against.

Councilmember Johnson clarified with staff the notice provided for tonight’s public hearing; with Mr. Schwartz advising that staff had mailed 120 letters to area residents most impacted by the wall, with the proposed 20 foot height and other project information provided in that notice, but not providing specific information on individual properties. 

Councilmember Johnson spoke in support of municipal approval of the noise wall, based on tonight’s comments and previous calls and e-mails he’d received.

Councilmember Roe clarified the area provided mailed notice, with Mr. Schwartz advising that notices within a 500 foot area of the right-of-way had been notices.  Councilmember Roe spoke in support of municipal approval of the noise wall, based on that notice and people’s understanding of the appearance of a noise wall.  Councilmember Roe opined that as long as people were notified, if they were opposed, they would communicate their opposition to the City Council before or during the meeting; and advised that he had heard little opposition to-date. Councilmember Roe noted that there were considerations to be given to the payoff in noise reduction versus visibility.  Councilmember Roe noted that he would not have supported approval had he heard sufficient opposition.

Klausing moved, Johnson seconded, adoption of Resolution No. 10722 entitled, “Resolution in Support of a Noise Wall to be Constructed on the North Side of Highway 36;” as a part of the Rice Street interchange project.

Mayor Klausing spoke in support of the motion; opining that it was up to a majority of impacted residents, noting that all would not be happy; but echoing Councilmember Roe’s comments related to majority support.  Mayor Klausing offered his respect to those in opposition; however, he remained confident that, even if there were a few more residents heard from by delaying this action, the majority would support moving forward.

Councilmember Ihlan reiterated her preference to hear from more citizens on this proposal.

Councilmember Johnson opined that the City would seldom receive 100% participation; however, he further opined that the City had performed their due diligence in sending out the notices, and that the comments received were representative of those impacted by the project, and expressed his confidence that those remaining residents would be present if they were opposed to the project.

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

Nays: None.

11.             b.         Public Hearing for a Variance to the Noise Ordinance during Construction of a Parking Ramp at 2750 Cleveland Avenue

Permit Coordinator Don Munson briefly revised the request for a variance to the City’s noise ordinance to facilitate concrete pour during July and August at the parking ramp project at 2750 Cleveland Avenue.  Mr. Munson advised Councilmembers that staff had fielded no complaints to-date related to construction site activities, and that staff had received no written comment from mailed notice provided within 500’ of the site.  Mr. Munson noted that a representative of the General Contractor, Adolfson & Peterson, was present at tonight’s meeting.

Mayor Klausing opened and closed the Public Hearing at 8:38 p.m. for a Variance to the Noise Ordinance during Construction of a Parking Ramp at 2750 Cleveland Avenue, with no one appearing for or against.

12.             b.         Approve a Variance to the Noise Ordinance during Construction of  Parking Ramp at 2750 Cleveland Avenue

Councilmember Ihlan sought clarification that the variance was exclusive to the months of July and August.

Mr. Munson confirmed that the pouring was proposed only during those months, with normal construction activities resuming at 7:00 a.m. following that timeframe.

Johnson moved, Klausing seconded, approval of a variance request to allow construction activities beginning at 6:00 a.m. at 2750 Cleveland Avenue on weekdays during the months of July and August (with no start-up noises occurring before 6:00 a.m.).

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

Nays: None.

d.                 Approve a City Abatement for Unresolved Violation of City Code at 2178

Cohansey Boulevard

Permit Coordinator Munson reviewed the request for abatement as detailed in the staff report dated June 29, 2009; providing a visual update on the property as of today of this single-family rental property and lack of resolution by the property owners, currently residing in Maplewood.  Mr. Munson noted that the complaint was generated by neighbors, and that there had been no previous response from or correction of violations to-date by the owners.  Mr. Munson advised that, upon receipt of the notice to the property owner of tonight’s proposed action, the owner had contacted staff requesting a delay until July 5, 2009 to correct the violations.  Mr. Munson noted that, while incomplete, the property owner had initiated compliance of violations.

Roe moved, Klausing seconded, directing staff to abate the remaining public nuisance violation(s) at 2178 Cohansey Boulevard, if not abated by the owner by July 5, 2009, by hiring a general contractor to remove the junk/debris, schedule the impounding of vehicles, and repair/repair the fence, as detailed in the Request for Council Action dated June 29, 2009, at an estimated cost of approximately $2,000; and further directing that the property owner be billed for all actual and administrative costs; and if those charges remain unpaid, staff is to recover costs as specified in Minnesota Statute, Section 407.07B; with costs to be reported to the City Council following the abatement.

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

Nays: None.

c.         Approve an Agreement with the Roseville Central Park Foundation for a Restroom Facility at the Muriel Sahlin Arboretum

Parks and Recreation Director Lonnie Brokke provided a review of the development history of Central Park; Master Planning for the Muriel Sahlin Arboretum in Roseville’s Central Park ; Arboretum Committee involvement; and key partnership of the Central Park Foundation in fostering development funds.  Mr. Brokke reviewed implementation and phased progression in that development, with the next logical progression being a Phase I of the restroom facility, with the estimated cost of $200,000, with funding donated by the Foundation Board.

Mr. Brokke reviewed the agreement drafted by the City Attorney with staff between the City and Central Park Foundation for construction activities to be administered by the Foundation, and the City ultimately accepting maintenance and operation responsibilities upon completion.  Mr. Brokke advised that additional revenue should be generated through increased rentals, and Phase II would consist of a meeting hall, kitchenette and storage area.  Mr. Brokke displayed artist renditions of the exterior elevations and floor plan of the proposed facility; and specifics of the agreement between the parties.  Mr. Brokke noted that the City would approve the construction contract, waive building permit fees, and review contractor pay requests prior to payment by the Foundation to ensure they were within city accounting standards, and that the City would extend sanitary sewer and water to serve the facility, provide fill dirt for utility trenches, and replace topsoil and rough grade the trench excavation areas.

Mr. Brokke anticipated completion of the project by the end of October; and recommended approval of the agreement.

On behalf of the City Council, residents, and staff, Mayor Klausing expressed appreciation to the Foundation for stepping forward with this project, given the budget constraints the City has and will be experiencing; and noted the favorable impression that area of the park was providing.

Mr. Brokke, on behalf of the community, echoed that thanks for this, and the many previous projects supported by the Foundation.

Foundation Board members present included Vice President Pat Nygaard, and Board Members Bob Biersheid and Carol Erickson.

Ms. Nygaard expressed the Foundation’s pleasure in coming before the City Council with this project, opining that the arboretum was shining, but marketing the facility remained difficult due to the lack of restrooms.  Ms. Nygaard further expressed the Foundations excitement in being able to proceed with this project, in this current economy, and recognized the volunteer hours provided by their Board member Kevin Busch in preliminary design work.

Mr. Biersheid spoke as a resident in the benefits of having this type of facility available in the community for residents to use, and anticipated much use for special events, as well as meeting a definite need in that area of the park.

Mayor Klausing reiterated thanks on behalf of the City Council, community and staff.

Councilmember Johnson thanked the Foundation for all their hard work to-date with this project, as well as previous projects; and opined that their ability to move forward with this project, at this time and in this economy, spoke volumes about the Foundation itself.

Ms. Nygaard acknowledged the kudos and recognized the dedication of  past and current board members.

Roe moved, Johnson seconded, acceptance of the donation of Phase I of a restroom facility at the Muriel Sahlin Arboretum as detailed in the Request for Council Action dated June 29, 2009; and authorizing the Mayor and City Manager to execute an agreement between the Roseville Central Park Foundation and the City of Roseville as presented (Attachment D) and entitled, “Recreation Agreement between the City of Roseville and the Roseville Central Park Foundation; contingent upon final review by the City Attorney.

Councilmember Roe thanked the Foundation, as well as those who donated funds to the Foundation, and supported such projects.

Councilmember Ihlan thanked the Foundation for their very generous gift to the City and its citizens, and thanked all those who made it happen.

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

Nays: None.

e.                 Approve a City Abatement for Unresolved Violation of City Code at 190-192 Transit Avenue West

Permit Coordinator Munson reviewed the request for abatement as detailed in the staff report dated June 29, 2009; providing an update on this rental duplex property, with its current owner living in North Oaks.  Mr. Munson noted that the complaint was generated by neighbors, and that this property had a history of non compliance, and advised that staff had already cut the grass at the property once this summer; and provided a visual update of the property.

Mr. Munson noted that, upon receipt of the notice for tonight’s proposed action, over the last week, the property owner had initiated repairs by replacing rotted siding and painting; and that staff was therefore requesting that staff be directed to abate any remaining violations if not completed by July 15, 2009, to encourage the property owner to continue his work.

Mayor Klausing questioned the rationale of rental property owners in allowing their property assets to deteriorate and diminish in value.

Johnson moved, Klausing seconded, directing staff to abate the remaining public nuisance violation(s) at 190-192 Transit Avenue W, if not abated by the property owner by July 15, 2009, by hiring a general contractor, to abate any remaining violations if not completed by the property owner by July 15^th, to repair and replace portions of siding trim and shingles, and repaint the structure, as detailed in the Request for Council Action dated June 29, 2009, at an estimated cost of approximately $15,000; and further directing that the property owner be billed for all actual and administrative costs; and if those charges remain unpaid, staff is to recover costs as specified in Minnesota Statute, Section 407.07B; with costs to be reported to the City Council following the abatement.

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

Nays: None.

f.                   Approve a City Abatement for Unresolved Violation of City Code at 2240 St. Stephen Street

Permit Coordinator Munson reviewed the request for abatement as detailed in the staff report dated June 29, 2009; providing an update on this single-family home.  Mr. Munson advised that the home was currently vacant and apparently in foreclosure.  Mr. Munson noted that the complaint was generated by neighbors, and corrected the staff report, noting that notice was sent April 8, not April 28, 2009, requesting that violations be corrected.  Mr. Munson provided a visual update of the property; noted staff had made immediate emergency repairs to the pool fence based on safety concerns; and noted the danger with the in-ground pool that appeared beyond repair; and reviewed other exterior issues on the property and related to the home and garage structures.  Mr. Munson advised that last week staff had met with a representative of the bank from a firm hired by the lender to close and protect the home; and that the representative had toured the home with staff; and visuals of the interior of the home were also then made available for Council review.  Mr. Munson advised that, based on that interior inspection, staff had notified Ramsey County of the home’s condition to address health and safety issues; and advised that staff would continue to work with Ramsey County on the interior as a separate issue.  Mr. Munson noted that, if the City Council approves the abatement request, it would serve to convince the bank to make repairs themselves and in a more timely manner to correct violations and get the home back on the market.

Discussion included staff confirming that the home was structurally sound and worth rehabilitating rather than demolishing; that the home had been assessed in 2008 at $270,000; and disbelief that a home of such deteriorating condition remained unknown before now. 

On a related note, Mr. Munson advised that staff had randomly selected seven areas in town for inspection as part of the Neighborhood Enhancement Program.

Johnson moved, Roe seconded, directing staff to abate the public nuisance violation at 2240 St. Stephen Street, by hiring a general contractor to repair the house, the garage, fill the pool and the repair of fence, as detailed in the Request for Council Action dated June 29, 2009, at an estimated cost amended to be at approximately $22,700; and further directing that the property owner be billed for all actual and administrative costs; and if those charges remain unpaid, staff is to recover costs as specified in Minnesota Statute, Section 407.07B; with costs to be reported to the City Council following the abatement.

Roll Call

Ayes: Johnson; Ihlan; Roe; and Klausing.

Nays: None.

g.                 Approve Request by Wellington Management for rezoning of 1126 Sandhurst Drive and 2167 Lexington Avenue to Planned Unit Development and Approve a Planned Unit Development (PUD) Agreement and Final Planned Unit Development to allow the Construction of a Multi-tenant Commercial Office Property (PF09-003)

As previously noted, this item was rescheduled to the July 13, 2009 meeting agenda at the request of the applicant.

13.             Business Items – Presentations/Discussions

a.         Discussion on Policy and Procedures related to the Issuance of Conduit Debt

Finance Director Chris Miller reviewed a proposed procedure and policy for application to the City of Roseville for private activity revenue bond financing (conduit financing) for tax exempt bond issues for the benefit of housing and long-term care facilities.  Mr. Miller noted that this was staff’s and the city’s bond counsel’s response to previous City Council discussions expressing an interest in a more formal comprehensive policy; and a comparison of the City’s existing procedures compared to those of other communities. 

Mr. Miller advised that the majority of the proposed policy affirmed historical and current practice, but takes it to a higher level, and referenced page three  of the draft for addressing application fees beyond those recouped for administrative costs, and taking into consideration ongoing financial reporting costs required; and provided extra transparency measures to ensure applicants were continuing to report to regulatory agencies and making applicable findings as required by Statute.

Mr. Miller further noted that some cities (i.e., St. Louis Park) were recouping additional fees for specific application with which they were dedicating funding to meet other community housing needs having no consistent revenue source.

Mr. Miller noted that Councilmember Roe had already alerted staff to the lack of procedure in the draft of host city approval, when another host city is the entity.

Councilmember Roe clarified for staff that he was considering entities outside Roseville who do a project, but come to the City of Roseville with the bond issue request; noting that many communities (i.e., Falcon Heights) encouraged that to receive the administrative fees as an additional revenue source.  Councilmember Roe opined that those type of policy issues were his intent for further discussion; whether the City would accept applications for anything, anywhere, or if there was a threshold in issuing bonds for projects outside the community

For the benefit of the public, Mayor Klausing clarified that this discussion was only related to conduit financing, not City bond issues for the City to borrow funds.

Discussion included how conduit bonding requests impacted the City’s bond rate, with staff continually monitoring potential bonding needs short and long-term to avoid adverse impacts on the City’s bond rate.

Councilmember Ihlan opined that the policy discussion should be based on public benefit for such financing, which was in the nature of a subsidy allowing for better financing rates than available in the marketplace; and as addressed on page 1, paragraph 4, consideration of what public purposes would be supported, similar to criteria used for tax increment financing and similar subsidies.  Councilmember Ihlan suggested that more definition was needed related to identifying the public purpose being encouraged; priority for living wage jobs; specifying what was meant by affordable housing and criteria to determine whether a project met them.

Mayor Klausing opined that the first draft needed additional wordsmithing for consistency, while eliminating redundant or unnecessary language.  Mayor Klausing advised that his intent would be to avoid terms without clear definition; and asked that staff provide a Word document for further review by individual Councilmembers be given with their feedback provided to staff for collation into a revised draft.

Councilmember Johnson questioned what types of conduit bonds would be considered, whether using the same criteria used for Roseville, or different criteria for other communities.

Councilmember Roe advised that there was baseline criteria based on state and federal requirements; and suggested that individual Councilmembers research that range of financing criteria as an educational tool for further discussion.

Councilmember Johnson asked that staff provide him with that material, or give him direction for locating that information.

14.             City Manager Future Agenda Review

City Manager Malinen distributed preliminary agendas for future meeting.

15.             Councilmember-Initiated Items for Future Meetings

Mayor Klausing advised City Attorney Squires that he would be coordinating with his office on the procedure for the annual City Manager Review, and those items for discussion in Closed Executive Session and those for public discussion.

Councilmember Ihlan, noting implementation of the Neighborhood Enhancement Program, requested a discussion for a similar program to address substandard commercial buildings, with a goal of reviewing State Statue for removal of buildings in Twin Lakes sooner rather than later.

Councilmember Ihlan requested, based on the Settlement Agreement approved by Council majority, the appraisal information being made part of the public information packet, along with an explanation to show how and if environmental costs and building conditions were reflected in appraisal calculations.

Mayor Klausing sought clarification of Councilmember Ihlan’s intent, whether to provide information to the public or to extend debate as an action item after a decision had been made.

Councilmember Ihlan clarified that her intent was that the item be considered under Agenda Item 13 entitled, “Business Items – Presentations/Discussions.”

16.      Adjourn

          The meeting was adjourned at approximately 9:35 pm.