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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.
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ACH Payments
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1,248,489.96
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576450 – 57770
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591,963.69
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Total
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$1,840,453.65
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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:
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Department
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Vendor
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Item/Description
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Amount
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Streets
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Deery
American Corp.
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Crackseal
material
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$6,210.00
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Streets
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Towmaster
Inc.
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Truck
chassis, plow, wing
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76,548.52
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Police
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Data 911
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19
laptops for Police vehicles
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106,639.40
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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.
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