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City Council

City Council Meeting Minutes

Regular Meeting

February 22, 2010


1.         Roll Call

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


(Voting and Seating Order for February: Johnson; Pust; Roe; and Klausing).  Mayor Klausing advised that Councilmember Ihlan was unavailable for tonight’s meeting due to illness.  City Attorney Charles Bartholdi was also present.


2.         Approve Agenda

Mayor Klausing requested removal of Business Item 13.a entitled “Discuss Commercial Use of Public Property;” at the request of Councilmember Ihlan in order that she may participate in that discussion.


Councilmember Roe requested removal of Consent Items 7.e and l respectively entitled, “Accept Department of Homeland Security Funding in the amount of $227,577 for the purchase of a Special Response Vehicle;” and Approve Contracts for Printing Services.”


City Manager Malinen noted that this item had been requested removed by staff as well, as Communications Specialist Tim Pratt was unavailable for tonight’s meeting due to a family emergency.


Councilmember Johnson requested removal of Consent Item 7.o entitled, “Discuss request by resident at 410 S McCarrons for City Participation in Sanitary Sewer Service Repairs.”


City Manager Malinen requested the addition of an item to consider scheduling a special meeting on March 1, 2010 to continue strategic planning, as discussed previously by the City Council.  Mayor Klausing added this under Agenda Item 8. (7.p)


By consensus, the agenda was approved as amended.


3.         Public Comment

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


a.         John Duffy and Barb McClellan, Twin Cities Housing Development Association, Calibre Ridge Townhomes

Mr. Duffy noted discussion from a recent City Council meeting and additional time set aside for Calibre Ridge to consider impacts to their complex with installation of the proposed noise wall related to reconstruction of Highway 36 at the intersection of Rice Street.  Mr. Duffy noted that installation of the noise wall would significantly impact sight lines from the townhomes, and that the lack of a noise wall significantly impacted marketability of the homes due to noise issues.  Mr. Duffy advised that since that previous meeting, analyses by Calibre Ridge engineers and Ramsey County engineering and computer models differed on impacts of noise due to higher elevations of the roadway; and that those differences were still being reviewed, but indicating that a noise wall at a height of 11.5 feet may prove sufficient.


For the benefit of the listening audience, Mayor Klausing briefly reviewed the background of the original City Council recommendation for construction of a noise wall, and subsequent rescinding of that recommendation for at least a portion of the wall at their most recent meeting.


City Manager Malinen advised that Public Works Director Duane Schwartz was still in discussions with various parties on the height of the wall, with resolution pending at this point, but needed by March 1, 2010 to avoid costs for redesign of the project.  City Manager Malinen advised that a resolution outlining final recommendations would be brought forward to the City Council to ratify the decision of Calibre Ridge management.


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

          Councilmember Roe announced the fifth and final Neighborhood Listening Session for the SE area of Roseville for the Parks Master Plan process, scheduled at the Roseville Lutheran Church on Roselawn Avenue between Lexington and Hamline on Tuesday, February 23, 2010 from 6:30 – 8:00 p.m., and invited any citizen having feedback to offer to attend that meeting.


Councilmember Pust personally and publicly thanked law enforcement officers from Roseville and mutual aid from surrounding communities, as well as from Ramsey County, for their immediate and professional actions in ensuring safety of others present and in controlling the recent incident at Rosedale Mall, to which she had been present and a witness.


Mayor Klausing expressed appreciation to staff, sponsors, vendors, and public participants for another great Living Smarter Home & Garden Fair held Saturday, February 20, 2010.


5.         Recognitions, Donations, Communications


a.         Human Rights Essay Contest Winners

Mayor Klausing noted that he personally looked forward to this annual contest, and welcomed students and parents in attendance; and introduced Human Rights Commission Chair David Singleton and Commissioner Gary Grefenberg.  Chair Singleton noted that 320 essays were received and reviewed by Human Rights Commissioners.


Chair Singleton recognized and presented three Honorable Mention essay contest winners: Sonya Flaten taught by Mr. Lauinger; Emmy Inwards taught by Mr. Ueland; and Sydney Olson taught by Mr. Bibeau; 7th, 8th and 8th grades respectively at RAMS.


Third Place winner Kelsey Porter, 8th Grade RAMS, taught by Mr. Ueland; followed by Second Place winner Margaret Lee, 8th Grade at RAMS taught by Mr. Bibeau; and First Place Kenzie Lutz; 8th Grade at Roseville Area Middle School (RAMS) taught by Mr. Ueland,  were recognized and invited to read their essays.


Chair Singleton thanked all students and teachers, and the four schools for their participation this year; gift certificates were given to those schools participating in this year’s essay contest. 


b.            Proclaim March 2010 Women’s History Month

Mayor Klausing read a Proclamation recognizing and honoring contributions of women; and recognizing the 2010 National Women’s History Month theme, Writing Women Back into History; and proclaiming March 2010 to be Women’s History Month in the City of Roseville.


Roe moved, Pust seconded, proclaiming March 2010 as Women’s History Month in the City of Roseville Proclamation recognizing and honoring contributions of women; and recognizing the 2010 National Women’s History Month theme, Writing Women Back into History.


Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.


6.         Approve Minutes


a.            Approve Minutes of February 8, 2010 Regular Meeting

Johnson moved, Roe seconded, approval of the minutes of the February 8, 2010 Regular meeting as presented.


Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.


b.            Approve Minutes of February 13, 2010 Special Strategic Planning Meeting

Johnson moved, Roe seconded, approval of the minutes of the February 13, 2010 Special Strategic Planning meeting as presented.


Roll Call

Ayes: Johnson; Pust; 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.         

ACH Payments


576450 – 57770





Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.            


b.            Approve General Purchases and Sale of Surplus Items Exceeding $5,000

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








Deery American Corp.

Crackseal material



Towmaster Inc.

Truck chassis, plow, wing



Data 911

19 laptops for Police vehicles






Discussion included the actual cost per unit being inclusive of software and related nuances for activity in a police vehicle, with the units being operational 24/7 and not shut down.; and costs comparable and reflective of industry-wide costs from other vendors during the Request for Qualifications (RFQ) process. 


Acting Police Chief Rick Mathwig advised that the Minneapolis Police Department had a 10-year use history with this specific brand with great success.


Councilmember Pust observed that law enforcement vendors could provide more competition for such units to reduce costs.  Councilmember Pust questioned the after-market value of the units.


Acting Chief Mathwig noted that the department was exploring after-market options at this time of these six-year old units, and would attempt to recoup as much cost as possible through donation and/or auction. 


At the request of Councilmember Pust, Acting Chief Mathwig advised that the units stay with the vehicle and are loaded in the glove box, with an ergonomically correct and air bag friendly touch screen mounted on the dash. 



Councilmember Roe questioned if this was a capital funding item for future budgets.  Acting Chief Mathwig advised that they were in the past, and had been included in the 2009/2010 budgets, but had not escaped budget cuts; and that this would represent the fourth generation of laptop purchases within the department



Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.            


c.            Approve 2010 Parks Improvement Program (PIP)

Klausing moved, Johnson seconded, approval authorizing the 2010 PIP projects as detailed in the Request for Council Action (RCA) dated February 22, 2010; with monies to be taken from the $185,500 appropriated in the 2010 Budget for the PIP.

Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.            


d.            Receive Grant Application Report

Klausing moved, Johnson seconded, receiving the staff update on recent grant applications on behalf of the City.


Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.            


f.             Request by St. Paul Regional Water Services for approval of concrete recycling as an INTERIM USE at the Dale Street Reservoir, 1901 Alta Vista Drive (PF10-001)

                     Mayor Klausing confirmed that there was no one present in tonight’s

                     audience to speak to this item.


Klausing moved, Johnson seconded, adoption of Resolution No. 10787 entitled, “A Resolution Approving Concrete Recycling at the Dale Street Reservoir as an INTERIM USE in Accordance with Roseville City Code, Section 1013.09, for Saint Paul Regional Water Services (PF10-001).”


Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.            


g.            Receive Zoning Code Update

          Klausing moved, Johnson seconded, receipt of the periodic update of the Zoning Ordinance Rewrite Process from staff as detailed in the Staff Report dated February 22, 2010.

Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.            


h.            Adopt Resolution Amending Firefighter’s Relief Association By Laws

          Klausing moved, Johnson seconded, adoption of Resolution No. 10788 entitled, “Resolution Ratifying the Roseville Firefighter’s Relief Association By-Law Updates for Compliance with Changes in the Following State Statutes: MN Statute, Section 424A.02, Subdivision 9 - Limitations of Ancillary Benefits; MN Statute, Section 424A.05, Subdivision 3 – Funeral Benefit Authority; and MN Statute, Section 424A.001, Subdivision 6 – Surviving Spouse Definition.”


Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.            


i.             Approve DEED Redevelopment Grant Contract for Phase II of the Twin Lakes Infrastructure Project

          Klausing moved, Johnson seconded, approval of the Agreement; Attachment A to the RCA dated February 22, 2010, with DEED to accept the $1 million DEED Redevelopment Grant award for Phase II of the Twin Lakes Infrastructure Project.


Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.            


j.             Rosewood Contract

          Klausing moved, Johnson seconded, adoption of Resolution No. 10789 entitled, “Final Contract Acceptance – Rosewood Neighborhood Drainage Improvements Project.”

Roll Call Rosewood

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.            


k.            Adopt Resolution in Support of Product Stewardship Framework approach for materials management

          Klausing moved, Johnson seconded, adoption of Resolution No. 10790 entitled, “Support for Product Stewardship;” as a framework approach for materials management.

Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.            


l.             Approve Contracts for Printing Services

As previously noted, this item was deferred to a future meeting.


m.          Adopt a Resolution of Support for Aeon’s Application to Ramsey County for Sienna Green Phase II Project

Klausing moved, Johnson seconded, adoption of Resolution No. 10791 entitled, “Resolution in Support of Aeon’s Application for Ramsey County Funds in 2010 for Sienna Green Phase II.”


Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.            


n.            Reschedule Public Hearing for Rice Street/TH 36 Bridge Reconstruction

Klausing moved, Johnson seconded, adoption of Resolution No. 10792 entitled, “Reschedule the Public Hearing for Rice Street / TH 36 Bridge Reconstruction Project;” to March 22, 2010.


Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.


p.    Schedule  a special meeting on March 1, 2010

Klausing moved, Johnson seconded, to schedule a special meeting on March 1, 2010 at 6:30 p.m. for the purpose of discussing strategic planning. 


Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.            



8.            Consider Items Removed from Consent


a.            Accept Department of Homeland Security Funding in the amount of $227,557 for the purchase of a Special Response Vehicle (Former Consent Item 7.e)

City Manager Bill Malinen briefly reviewed this item as detailed in the RCA dated February 22, 2010.


Councilmember Roe confirmed that this purchase would not be depreciated for future replacement under the City’s Capital Investment Plan (CIP), and would be purchased only if additional grant funds were received at that time; but asked that, while minimal annual operational costs were indicated (i.e., fuel and maintenance) in the staff report, that those budget implications should be acknowledged for future reference and public knowledge.


Roe moved, Johnson seconded, approval for the Police Department to accept funding to be used exclusively to cover the cost of the purchase of one (1) multi-use Special Response/Haz-NMat/Bomb-Response/Mobile Command Vehicle for East Metro SWAT; specifically the Lenco Bearcat; as detailed in the RCA dated February 22, 2010.


Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.


b.            Discuss Request by Resident at 410 S McCarrons for City Participation in Sanitary Sewer Service Repairs (former Consent Item 7.o)

City Manager Bill Malinen briefly reviewed this item as detailed in the RCA dated February 22, 2010.  City Manager Malinen advised that staff, City legal counsel, and the League of Minnesota Cities Insurance Trust (LMCIT) were all in agreement that the request should be denied, and that the City had no obligation for the cost reimbursement being requested by the homeowner for the repair of her sanitary sewer service line for which the homeowner was responsible.


Ms. Bobbie Carpenter, 410 S McCarrons Boulevard

Ms. Carpenter spoke to her understanding that the problem was not in her service line, but under the City street, where the line had frozen and caused the backup and damage to her home, both in 2007 and in 2009, and questioned her recourse if it should happen yet again.  Ms. Carpenter advised that she had paid to have the line thawed and the roadbed dug up, even though the frozen portion belonged to the City or Ramsey County, and was not on her property.

Councilmember Roe clarified that had been in the past and continued to be a common point of confusion for homeowners, but explained that, while the street right-of-way extends out from the front yard, the ownership of the service line pipe goes to the sewer main connection; and that the homeowner was responsible for any repairs or replacement, based on City policy and ordinance. 


Mayor Klausing concurred with Councilmember Roe’s explanation; and further clarified that the City was found to have no legal liability, and the City would either need to change their policy and ordinance, or make a gift to an individual from public funds, neither of which could be justified from a policy or legal standpoint.  Mayor Klausing advised that he supported staff and legal counsel’s recommendation.


City Manager Malinen asked that Ms. Carpenter contact the City’s Public Works Director to see if they could assist her further; and encouraged any other resident to do so if they were experiencing similar issues.


Councilmember Roe noted that the staff report indicated that the Public Works staff had investigated the matter and made a change to a sag in the service line under the street; and questioned if that would create any warranty and/or responsibility issues for the City for any related problems in the future.


Public Works Director Duane Schwartz provided background on this specific sewer line freeze; and noted that after the second freeze up in 2009 and after conversations with the homeowner, staff thought it prudent to perform additional investigations of the 2007 information to ensure nothing had been missed at that time.  Mr. Schwartz advised that City crews had put a camera in the private sewer line to determine what was causing the blockage, opened the roadbed and looked at the line, and at that time found a sag in the service line, but determined that it was not related to any City construction activities; and supported the original decision by the LMCIT.  Mr. Schwartz advised that, while the roadbed was open, City staff repaired the sag and insulated the line under the roadbed to alleviate future problems.


Councilmember Pust clarified that the City had gone over and above what could be done to assist the homeowner; and if the City decided to pay this bill, any citizen could ask for similar remedies no matter the liable party.


Ms. Carpenter opined that she continued to be referred from one agency to another, with none of them taking responsibility.


Councilmember Pust reiterated Councilmember Roe’s explanation that Ms. Carpenter was responsible for the service line even if it was located under the roadbed.


Klausing moved, Johnson seconded, DENIAL of City participation in the cost of the sewer repair at 410 S McCarrons – to be provided by staff.


Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.


          c.         Schedule Special City Council Meeting

City Manager Malinen noted previous discussions at the Special Strategic Planning Session and a request to hold meetings with individual Department Heads for their specific operations and challenges for the next budget cycle.  Mr. Malinen advised that March 1, 2010 had been designated for this meeting, but that no official action had been taken to set the date.


During discussion of the specific time for the meeting, Mr. Malinen advised that he anticipated forty-five minutes for each Department.


Roe moved, Johnson, seconded, scheduling a Special Meeting for Monday, March 1, 2010 at 6:30 p.m. for the purpose of continuing Strategic Planning with Department Heads.


Councilmember Johnson suggested that Councilmembers move to the table rather than at the dais for this meeting; and confirmed that the meeting was open to the public and would be televised as well.


Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.


9.            General Ordinances for adoption


a.            Adopt Illicit Discharge Ordinance

An updated copy of the proposed Ordinance identified as “Attachment C,” was included as a Bench Handout.


City Engineer Debra Bloom briefly reviewed the revisions made to the proposed Storm Water Illicit Discharge and Connections Ordinance, incorporating comments and recommendations of the City Council since initial presentation at their January 25, 2010 meeting; as well as City Attorney review of the language and related code changes to create consistency between other sections of the code and this new section, as detailed in the RCA dated February 22, 2010.


For the purpose of identifying that the property and/or the violator can be assessed, and as an additional remedy under certain circumstances, City Attorney Bartholdi suggested one additional change to the language on page 7, line 21, Section N.4., last sentence, change to read:


“the amount due shall constitute a lien upon, and the City shall have the right to assess such cost against the property owned by such violator(s) pursuant to Minnesota Statute 429.101”


Ms. Bloom identified several additional sections of Roseville City Code on the bench handout with recommended language revisions, including Section 205 related to discharge of cesspools, included from 1953 language and recommended for removal; and Section 3, Title 9, Section 503, related to swimming pool drainage on to approved public drainage ways recommended for removal.


Klausing moved, Johnson seconded, enactment of Ordinance No. 1388 entitled, “Ordinance Amending Title 8, Adding Chapter 803  Storm Water Illicit Discharge and Connections Ordinance (Section 803.03) Conditions, presented as Attachment A to the RCA dated February 22, 2010; and associated City Code updates.”


Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.



Roe moved, Johnson seconded, approval of  Ordinance Summary No. 1388 entitled, Ordinance Amending Title 8, Adding Chapter 803  Storm Water Illicit Discharge and Connections; Amending Title 5, Deleting 502.03.C Discharge of Cesspools; and, amending Title 9, 905.03E Conditions  presented as Attachment A to the RCA dated February 22, 2010; and associated City Code updates.

Roll Call

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.


10.         Presentations


11.         Public Hearings


a.            Conduct a Public Hearing for the Placement of Water Ski Course and Jump on Lake Owasso

At the request of Mayor Klausing, Acting Police Chief Rick Mathwig clarified that the City Council action was to host a public hearing to solicit public input that would be forwarded to the Ramsey County Sheriff’s office for their consideration of issuing the permit for a Water Ski Course and Jump on Lake Owasso for the 2010 season.


Steve Youngquist, 391 S Owasso Blvd., Representing Lake Owasso Safe Boating Association

Mr. Youngquist provided a brief history of the Association, for the benefit of the City Council and residents since the first water ski course was installed on Lake Owasso in 1965.  Mr. Youngquist noted the distinction between the Association activities and those activities of other users of the ski course and jump who trailered in their equipment between sunup and sundown.  Mr. Youngquist assured property owners and residents that the Association members attempted to be good neighbors and respect lakeshore residents in sharing the water in a good way.  Mr. Youngquist advised that the Association, over the last 10 years, through volunteering boats and time to provide increased skills for clients to proceed to a national handicap tournament.  Mr. Youngquist further noted that the Association had no boating accidents associated with the jump or run during their existence.


Councilmember Pust requested that, at renewal time in 2011, the Association bring video footage of people actually using the course and/or jump.


Mayor Klausing opened the Public Hearing at 7:26 p.m.


Public Comment

Mayor Klausing noted receipt of four e-mail responses, all in support of this request, from Dr. Heidi Walz, 389 S Owasso Blvd., Cory & Sue Parnell, 405 S Owasso Blvd., Kurt McCann, 948 Edgewater Avenue in Shoreview, and Richard Browne, 397 S. Owasso Blvd. Roseville.

Mayor Klausing closed the Public Hearing at 7:27 p.m.; with no one appearing for or against.


b.            Conduct a Public Hearing regarding Proposed Changes to Roseville City Code, Chapter 302, Liquor Control Related to Conditions of License and Civil Penalty

Three bench handouts were made available for this item: an e-mail dated February 22, 2010 from Councilmember Johnson in support of the proposed language, with suggested changes in the violation/penalty chart to make the code more equitable for liquor stores versus restaurants, convenience stores and grocery stores; another detailing the first 3 violations for those specific types of businesses; and an e-mail from Rod Olson, Manager of The Cellars Wines and Spirits via Councilmember Ihlan, addressing concerns with proposed violations for those establishments remaining in compliance and providing training.


Councilmember Pust reviewed additional revisions proposed since the last review of the proposed ordinance language, as detailed and highlighted in the RCA dated February 22, 2010, outlining the impetus for review of the current liquor control ordinance and desire to strike a balance with business owners, while emphasizing the serious nature of non-compliance offenses.  Councilmember Pust noted an additional suggestion of Councilmember Ihlan incorporated into the language for approval of training by the City as part of the licensing process.


Councilmember Pust addressed the recommendations received earlier today from Councilmember Johnson related to equity issues; and while unable to get input from those in the industry before tonight’s meeting, she opined that the recommendations seemed to be fair.


Councilmember Johnson verbally reviewed his recommended changes in the above-referenced bench handout for the two-tier system depending on the type of business, and rationale for those recommendations to make language more equitable.  Councilmember Johnson commended Councilmembers Pust and Roe for their language changes to address concerns of Roseville citizens, as well as liquor license holders.


Mayor Klausing opened the Public Hearing at 7:34 p.m.


Public Comment

     Rod Rathburn, owner Network Liquors

Mr. Rathburn addressed the letter received from the City Police Department related to tonight’s meeting and the proposed changes; and reviewed his concerns based on responsibility of employees and owners versus personal responsibility and accountability of customers and consequences for them; and the impacts to the business owner even when they were attempting to be responsible.

Mr. Rathburn expressed concern related to inspections by the City and questioned who could be expected to make those inspections and their expertise in making those inspections, how it was determined what total access to his facility meant, should he be off-site and his office locked;  and how that impinged upon his legal rights.


Councilmember Pust clarified that under existing state law, this inspection provision in Section 302.08, Subdivision B, page 1, was not a change.


Councilmember Johnson further clarified that the language stated “properly designated official.”


Mayor Klausing focused the discussion on the purpose in the proposed language changes as they related to repeated compliance check failures of retailers on multiple occasions; review of penalties with other communities; and the process used for those compliance checks.  Mayor Klausing assured license holders that it was not the intent for the City to onerously impact operations but to ensure they were complying with the law, and from the City’s perspective to hold those not complying responsible for their actions or lack thereof, by providing incentives for them to comply.


      Dave Jackson, General Manager at Famous Dave’s in Roseville

Mr. Jackson, in his 13 years as General Manager, spoke in support of holding business owners accountable for safe service of alcohol; and expressed his only concern with making City-held training mandatory.  Mr. Jackson spoke to their current industry-recognized training program and his being proactive in developing his own training system above that.  Mr. Jackson assured Councilmembers that his track record to-date was substantially unblemished, that he required testing and personal orientation and training on an ongoing basis for his staff; and questioned the need to provide additional testing through the City for his staff.


Councilmember Pust clarified that the language indicated “city-approved training,” and that the only responsibility he would have would be to get that training approved annually during license renewals.


Mayor Klausing concurred with Councilmember Pust’s clarification and further noted that the manager had the option of doing their own training and submitting evidence of that training.


Mr. Jackson expressed his preference that he not be required to have another layer of paperwork associated with renewal of the liquor license.


Councilmember Pust expressed appreciation for Mr. Jackson’s preference, recognizing the responsibilities of a small business owner; however, Councilmember Pust advised that this was a public cost she was asking license holders to bear for the good of the overall community; and assured Mr. Jackson that the city would make it as efficient as possible, basically to send one additional piece of paper with their annual renewals.


Steve Burwell, resident at 2280 Albert Street, owner of Fairview Wine and Spirits

Mr. Burwell noted that his store had been in operation since December of 1971 and that he and his employees consistently carded customers.  Mr. Burwell noted his embarrassment in his personal compliance check failure three years ago; and assured Councilmembers that he and his employees took their responsibility very seriously.  However, Mr. Burwell noted that everyone makes an occasional honest mistake, and opined that the proposed penalties would not achieve any greater attention.  Mr. Burwell advised that, while restaurants and stores had other sources of income through their varied sales merchandise, this fine was a significant impact for his or any business, and opined that it was excessive.  Mr. Burwell requested data from the Police Department on consequences for individuals stopped for underage consumption, and questioned whether their consequences fit the crime or if the business owners would continue to be scapegoats for them, since the underage consumer is the root of the social problem, not the liquor store owners and/or employees.  Mr. Burwell expressed concern with the financial impact to a clerk failing a compliance check with separate fine, in addition to the store owner.


Mr. Burwell questioned how the City addressed such delivery services (i.e., Coburn’s from St. Cloud) and compliance checks when they delivered alcohol as well as groceries.


Mayor Klausing and Councilmember Pust reviewed the purpose of the proposed language changes based on a past incident and provisions of State Statute indicating that City Code and Ordinance needed additional flexibility and that the current two-tiered system for fine and revocation was outdated.


At the request of Mayor Klausing, Acting Chief Mathwig addressed compliance checks at point-of-sale for underage consumption, with a citation written to the clerk as well as the business owner; and addressed how juvenile offenders were adjudicated in juvenile court and adults depending on their personal history and circumstances, with the judge basing his sentence on State Statute.  Acting Chief Mathwig advised that the City did compliance checks for license holders in the City, and he was not aware of how license compliance provisions were handled for out-of-town delivery services.


Councilmembers Pust and Roe asked the City Attorney to look into such out-of-town delivery services and how they were regulated specific to alcohol sales.


Councilmembers Roe and Pust also indicated the need to further review State Statute and City Ordinance as they specified fines for the individual making the sale as well as the business owner.


Kathy Rivers, Regional Manager for Applebee’s Restaurant, overseeing  seven operations in the metropolitan area, including Roseville and Plymouth

Ms. Rivers sought the specific documents being required by the City to provide evidence of their training program.


Acting Chief Mathwig advised that, currently as long as the training program covers the points recommended by the City for any training program, and can be verified, that fulfills the obligations of the license holder; and further noted that the list of employees would need to indicate verification that they had received that training in the specific store.


Ms. Rivers sought further clarification on the two-tier system for liquor stores versus restaurants; and asked for further consideration by the City Council in whether treatment of the businesses, based on their type, was equitable or not.  Ms. Rivers noted that, in over eleven years in business, Applebee’s was without violation.


Jeff  McBesky, General Manager at Roseville Applebee’s

Mr. McBesky advised that their firm used the National Restaurant Association’s accredited training program and questioned if that would be sufficient training.


Acting Chief Mathwig advised that the program would need to be reviewed by the Police Department’s compliance officer.



Kevin Schlief, Co-Owner of Chianti Grill

Mr. Schlief expressed concern with provisions in Section 302.07 of the proposed ordinance related to ownership of the establishment and how it related to transfer of 50% or more of the stock and whether that would be considered ownership transfer, specific to their firm’s consideration of an employee incentive program that would grant them stock options.


Councilmember Pust clarified that language in that section is already in existing State law since the original City Ordinance was enacted in 1985, and the proposed language only served to make it clearer that City approval was required.


Mayor Klausing closed the Public Hearing at 8:13 p.m.


12.         Business Items (Action Items)


a.            Approve the Placement of a Water Ski Course and a Water Ski Jump on Lake Owasso

Klausing moved, Johnson seconded, City Council recommendation to the Ramsey County Sheriff to issue a permit to the Lake Owasso Safe Boating Association for their requested water ski course and jump on Lake Owasso for the 2010 season.


Roll Call                                                 

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.


b.            Adopt Ordinance, Chapter 302, Liquor Control related to Conditions of License and Civil Penalty

Councilmember Pust thanked business owners for attending tonight’s meeting and providing input from their perspective; and thanked the Police Department for providing notice of the meeting to those license holders.  Councilmember Pust opined that it had been a good discussion and provided additional considerations for her and Councilmember Roe as the Council Subcommittee to discuss and return at a future meeting with additional revisions.


Councilmember Roe opined that there should not be a two-tiered system as proposed by Councilmember Johnson; however, he suggested additional consideration be given to reducing the suspension time for the third violation.


Councilmember Johnson reiterated his written concerns that the proposed system was not equitable for all business types, and would create significant if not extremely detrimental impacts to a license holder having alcohol sales as their only source of revenue.  Councilmember Johnson asked for additional time to consider the single tier system and whether it could work for all.


Mayor Klausing questioned whether the two-tiered system was the way to go; and concurred that denying a business their livelihood in alcohol service as their only income source would greatly impact their business.


Councilmember Pust requested additional time to review those items brought up tonight, recognizing the City’s interest in supporting the business community, while recognizing the serious nature of non-compliance issues.  Councilmember Pust noted that government regulation of such a business was based on the actual nature of the business in selling alcohol.  Councilmember Pust asked license holders to provide her and/or Acting Chief Mathwig with information on nationally-known training programs of which they were aware, for further review by her and Councilmember Roe to determine if they met best practices. 


Mayor Klausing thanked business owners for their attendance and input.


No action taken


c.            Adopt a Resolution to approve the Request by Riaz Hussain for an amendment to an existing CONDITIONAL USE PERMIT (CUP) to allow the parking areas adjacent to Autumn Street to remain at 1901 Lexington avenue (PF10-002)

Mr. Hussain provided a bench handout related to his request for this CUP amendment.


Associate Planner Bryan Lloyd reviewed the history of this request to eliminate a condition requiring removal of two paved parking areas on the south side of his property accessing Autumn Street, as detailed in the RCA dated February 22, 2010.  Mr. Lloyd advised that the Planning staff continues to advocate for and support the recommendation of the Planning Commission to DENY the requested CUP amendment and related action ordering compliance with terms of Resolution No. 9414 requiring the removal of the parking areas by June 1, 2010, based on the determination of the Public Works Director that use of those parking areas would adversely affect traffic flow due to the parcel’s proximity to Lexington Avenue.


Mayor Klausing sought to define the two issues: frustration in Mr. Hussain’s non-compliance with previous conditions; and safety concerns addressed by staff and the Planning Commission for this property, and how adjacent and similar properties didn’t create similar safety concerns.


Mr. Lloyd noted the differences in City Code addressing residential and commercial properties, based on traffic volume related to one a commercial parcel rather than a residential property; location of the intersection and current use of the property not creating heavy volumes, but not guaranteed for potential future, permitted uses.


Further discussion among Councilmembers and staff included setback requirements; former approval for veterinary clinic use, which never occurred; staff concerns related for public safety; changes to City Code in 1996, one year prior to approval of the original CUP and requiring parking off the boulevard as well as other non-conformities such as pavement; and availability of an entire parking field on the north side of the property, with that parcel also owned by the current property owner.


Riaz Hussain, Property Owner at 1901 Lexington Avenue

Mr. Hussain referenced the points made in his written request; and reiterated his need for four cars to park in the existing parking areas on the south side; and opined that the minimal traffic backing onto Autumn Street, not Lexington Avenue, would be problematic.  Mr. Hussain advised that he was willing to make other adjustments in order for those four spaces to remain.


Mayor Klausing noted the extensive detail provided by Mr. Hussain in his response to the staff report, and expressed concern that Mr. Hussain was unwilling to use the parking lot to the north, and whether the City’s request to remove the four  spaces was a cost issue for him or if they served another purpose.


Mr. Hussain advised that there would be limited customer parking if his business vehicles were parked there, and noted that delivery trucks were unable to use the north lot due to existing electric and phone lines being too low.  Mr. Hussain offered to put any stipulations for those four spaces, if they remained, into any future purchase agreement for a future owner.


Mr. Hussain advised that his current business was as a consulting engineer for HVAC services for large commercial businesses as well as a retail sales program. 


It was noted that Mr. Hussain’s wife ran another business from the site, selling tools and equipment. 


Councilmember Johnson noted that there had been a flourish of activity at the site when Mrs. Hussain was having a sale at the site, similar to a yard sale, and observed that during that increased activity he had perceived that the situation was indeed borderline dangerous.


Further discussion included existing driveway locations and possible relocation areas; review of aerial photographs of the site; and remaining lack of compliance with City Code for the parking area in question to remain.


Councilmember Roe questioned if the conditions of the original CUP remained applicable as established since the veterinary clinic use had never transpired.


Mr. Lloyd noted that, as dictated by issuance of construction and building permits, if not implemented in six months, approval itself was null and void.  Mr. Lloyd clarified that the veterinary clinic had been operational for a short time; and that this CUP would remain valid and stay with the property unless amended or terminated by the applicant or City Council action.  Mr. Lloyd noted that this non- compliance issue had resurfaced as staff was researching the property’s history several years ago when a request for a deli use at this site was brought forward.


Public Comment

Patrick Schmidt, 1140 Autumn Street

Mr. Schmidt, representing neighborhood property owners, collectively having 26 children living on Autumn Street, opined that the proposed request of Mr. Hussain did not come to the neighbors with any trust engendered of them from the property owner.  Mr. Schmidt addressed numerous issues with outside storage of items on the property, lack of screening of the commercial property from adjacent residential properties, as well as overall maintenance of the property during the summer months.


Mr. Schmidt addressed concerns with traffic volume onto Autumn Street as vehicles attempted to avoid congestion on Lexington, and increased safety issues; impacts of future uses and/or property owners of this site; and expressed concern that this property was out of character with residential properties on the south side; and opined that increased signage for employee only parking signs on Autumn Street would only increase impacts to Autumn Street.  Mr. Schmidt requested that the City Council consider the long-term vision for this property as it related to other improvements along Roselawn and Lexington and the value of developing this remaining southwest corner of that intersection, and to consider long-term ramifications and deny this appeal of the enforcement action.


City Attorney Bartholdi, in response to Mayor Klausing’s clarification of the proposed actions requested of the City Council, advised that the City Council had the right to deny or approve the CUP Amendment, similar to a new CUP.  Regarding the staff request to order compliance with Resolution No. 9414, Mr. Bartholdi requested a delay in action on that matter until he had further researched the current use as it related to the original CUP for the veterinary clinic and whether the order of compliance was appropriate with sufficient findings for denial were in place.


Pust moved, Johnson seconded, adoption of Resolution No. ___ entitled, “A Resolution DENYING an Amendment to a Conditional Use Permit intended to Allow Existing Parking Areas Adjacent to Autumn Street to Remain at 1901 Lexington Avenue (PF10-002).”


Councilmember Pust provided rationale for this motion, stating discussions held and recorded from 1997 and 2007, with the same property owner agreeing to comply at that time; and opining that there was sufficient parking on the property for the current use.


City Attorney Bartholdi noted that the 60-day review period ran until March 30, 2010, and suggested that additional time was available to defer action in order to consider additional findings to support denial beyond those stated.


Councilmember Pust further clarified the original motion to DENY the request because of adverse impacts to traffic; and increasing traffic conflicts due to the parcel’s close proximity to Lexington Avenue.


After further discussion, Councilmembers Pust and Johnson withdrew their motion.


Roe moved, Johnson seconded, tabling action on this item until the March 8, 2010 meeting at the request of the City Attorney.


Roll Call                                                 

Ayes: Johnson; Pust; Roe; and Klausing.

Nays: None.


City Attorney Bartholdi advised that he would like to perform further review to determine that the City had sufficient grounds to order compliance since the Veterinary Clinic use was not in play, and to determine if there were additional violations, or if it was not conforming to other zoning ordinances such as impervious surface parking requirements.


13.         Business Items – Presentations/Discussions


a.            Discuss Commercial Use of Public Property

As previously noted, this item was deferred to a subsequent meeting at the request of Councilmember Ihlan.


b.            Discuss Recreational Vehicle and Trailer Parking

Councilmember Pust presented initial information and examples of various types of recreational vehicle (RV) storage within the City, and various inconsistencies in City Code related to storage and/or parking of those vehicles, the type of surface for their storage, and whether they were motorized or pulled by another vehicle.  Councilmember Pust also noted that current State Statute no longer defined vehicle weight definitions.  Councilmember Pust noted concerns she had heard from residents concerning neighborhood curb appeal, aesthetics, and visibility hazards when parked in the front yard; and questioned if the City wanted to encourage impervious surfaces being applied in backyards to facilitate current City Code language for storage of RV’s.  Councilmember Pust noted other residents who feel that storage of RV’s in a neighboring back yard impacted their feeling of peace and tranquility, as well as aesthetics; and suggested that a review of current Code and those of other  communities could remove ambiguities as well remove neighborhood angst and conflict.


Discussion among Councilmembers included advantages and disadvantages of backyard and/or street parking of RV’s; other storage options off-site; code inconsistencies; enjoyment of private property; and various examples.


Mayor Klausing spoke in support of the review for the purpose of reviewing Code inconsistencies, but not for the purpose of expanding the ability to store RV’s on private property.


Councilmember Pust opined that considerations concerned public safety, quality of life, and environmental issues.


Councilmember Roe noted that this was a concern he’d heard often in the community; and advised that he could not offer a suitable answer, but concurred with Councilmember Pust that it should be looked at to determine inconsistencies in Code related to trailer versus motor driven and parking within a boulevard, to ensure that the Code was clear and fair.


Councilmember Pust noted that the RV conversation may include storage of boats.  Councilmember Pust suggested that a citizen task force, or one of the City Council’s advisory commissions may be a more appropriate place for discussion.


Councilmember Johnson offered no public comment at this time, opining that he was unsure if this was a battle he was interested in pursuing; however, he did see the inconsistencies apparent in current Code.


Councilmember Pust, at the suggestion of Mayor Klausing, advised that she would facilitate a public meeting to hear various citizen views, at which time she would make recommendation to the City Council as to whether further City Council review and consideration was indicated.


Public Comment

Ed Etner, Resident and RV Owner

Mr. Etner advised that he owned a motorized RV, but was unable to gain access to his backyard, and parked it on the driveway, and knew of three similar situations in his neighborhood.  Mr. Etner expressed concern with the government regulating his property rights.


Councilmember Pust recognized Mr. Etner’s viewpoint; however, she noted other examples, such as a person with no backyard access, and their driveway too steep for parking the RV, with their only option to park it on the street.  Councilmember Pust requested Mr. Etner’s suggestions for resolution.


Mr. Etner suggested that, if neighbors had an issue, they could resolve it among themselves without having another regulation placed upon them.


14.         City Manager Future Agenda Review

City Manager Malinen distributed upcoming agenda items.


Mayor Klausing noted that he will not be available for the March 22, 2010 meeting; and advised that he had alerted Acting Mayor Johnson.


15.         Councilmember-Initiated Items for Future Meetings


16.      Adjourn

The meeting was adjourned at approximately 9:34 pm.