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City Council

City Council Meeting Minutes

March 22, 2010


1.         Roll Call

Acting Mayor Johnson called to order the Roseville City Council regular meeting at approximately 6:00 pm and welcomed everyone. (Voting and Seating Order for March: Roe; Pust; Ihlan; Johnson; and Klausing).  City Attorney Caroline Bell Beckman was also present.  Mayor Klausing had previously advised that he would not be available for tonight’s meeting.


2.         Approve Agenda

Councilmember Ihlan requested removal of Consent Items 7.b, f, h respectively entitled, “Approve General Purchases and Sale of Surplus Items in Excess of $5,000;” “Approve Request by Clearwire, LLC for a Conditional use for Telecommunication Equipment to be Mounted onto a Commercial Building at 2233 Hamline Avenue (PF10-007);” and “Adopt an Ordinance Amending Title 103.01, Section B, City Primary Election Date and Title 1010.03, Section 10, Posting Political Signage.”


By consensus, the agenda was approved as amended.


3.         Public Comment

Acting Mayor Johnson called for public comment by members of the audience on any non-agenda items.  No one spoke.


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


a.         Quarterly Housing and Redevelopment Authority Report

HRA Chair Dean Maschka and Executive Director Patrick Trudgeon were present to provide a quarterly update to the City Council on HRA activities.


A Bench Handout entitled, “Roseville Housing and Redevelopment Agency – 2010 Work Plan,” was provided.


Executive Director Trudgeon reviewed 2009 accomplishments and provided highlights of some of those events and activities, including: adoption of a new Strategic Plan; re-branding of the annual Home and Garden Fair to emphasize “Living Smarter, Living Green” and recognized sponsors, vendors, City staff, and community volunteers; Sienna Green (Har Mar Apartments) redevelopment; continued funding of the Neighborhood Enhancement Program (NEP); completion of the Multi-Family Housing Needs analysis; HRA staff assistance in implementation and administration of the Westwood Village I Housing Improvement Association (HIA) assessment project; and hosting of a Realtor Day to promote amenities of the community.  Mr. Trudgeon provided comparison foreclosure information for the City of Roseville for 2009 and 2010 to-date, along with comparisons to other communities in Ramsey County.  Mr. Trudgeon noted that this year’s Home and Garden Fair came closer to the goal of being a “zero waste” event, with 97.9% waste recovery compared to 95.6% in 2009.


HRA Chair Dean Maschka provided preliminary information on a potential public/private development opportunity for multi-family housing, with more detailed information available to the City Council in July; highlighted recent meetings with the Dakota County Community Development Agency (CDA) for county-wide funding ideas, as they served as one of the largest providers of housing in the State of MN.


Councilmember Roe noted, on the 2010 work plan, that the rental registration data was now being compiled for the two-year trial period, and expressed his anticipation of that report in the near future from the HRA.


5.         Recognitions, Donations, Communications


Councilmembers Ihlan and Roe announced upcoming educational and informational opportunities available to the community, with additional information available on the City‘s website or by contacting City Hall.  Those opportunities included the upcoming 7-week Roseville University for a behind-the-scenes look at Roseville’s local government, with information and interaction with all City departments, scheduled to begin on Thursday, April 15, 2010 (registration deadline March 31, 2010 - call 792-7001); public informational meeting scheduled this week on the Fairview Pathway improvements as part of the Northeast Suburban Connector Route from County Road B-2 to the U of MN campus system (contact City Engineer Debra Bloom at 792-7042); and the second open house for the Zoning Ordinance Update this week to bring the City’s Ordinances into compliance with the recently-updated Comprehensive Plan (contact Thomas Paschke at 792-7074).


Councilmember Roe also announced communication scholarships available from the City’s cable franchisee Comcast, through the North Suburban Cable Commission (NSCC), with an application deadline of April 9, 2010, and additional information available at


6.         Approve Minutes


a.            Approve Minutes of March 8, 2010 Regular Meeting

Roe moved, Johnson seconded, approval of the minutes of the March 8, 2010 Regular meeting as amended.



·         Page 14, lines 11-13 (Roe)

Correct to read:

“Councilmember Roe concurred [noted] that increasing density didn’t have a tie-in with Imagine Roseville 2025, even [noting] that strategies discuss it in terms of looking at affordability and less cost per unit if higher density buildings were involved.”


Roll Call

Ayes: Roe; Pust; Ihlan; and Johnson.

Nays: None.


7.            Approve Consent Agenda

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


a.    Approve Payments      

Pust moved, Roe seconded, approval of the following claims and payments as presented.     

ACH Payments


57779 – 58009





Roll Call

Ayes: Roe; Pust; Ihlan; and Johnson.

Nays: None.


            c.         Approve Knights of Columbus Bottle Club License

Pust moved, Roe seconded, approval of the request for a set-up Bottle Club License for the Knights of Columbus at 2233 North Hamline Avenue, Suite B-12, for the period of one year from March 31, 2010 to March 31, 2011.


Roll Call

Ayes: Roe; Pust; Ihlan; and Johnson.

Nays: None.


d.    Receive Quarterly Shared Services Update

Pust moved, Roe seconded, receipt of the March 2010 Quarterly Shared Services staff update as detailed in the Request for Council Action (RCA) dated March 22, 2010.

Roll Call

Ayes: Roe; Pust; Ihlan; and Johnson.

Nays: None.


e.            Accept National Tactical Officers Association Grant for tactical Under Door Camera for East Metro SWAT

Pust moved, Roe seconded, acceptance of the National Tactical Officers Association grant award in the amount of approximately $7,000.


Roll Call

Ayes: Roe; Pust; Ihlan; and Johnson.

Nays: None.


g.            Approve an Agreement for Supplemental Law Enforcement Services on Lake Owasso

Councilmember Pust questioned the apparent increase in hours from 2009 to 2010 (from 36 to 42).


City Manager Malinen noted that the fewer hours referenced the summer of 1997.


Councilmember Ihlan questioned why Lake Owasso was the only lake for which supplemental services were contracted; and if this was the only such request or if residents on other lakes would be requesting similar services and if citations would increase accordingly with extra coverage.


Acting Police Chief Rick Mathwig advised that this supplemental agreement was a carryover from 1997 when first initiated; and that to-date other homeowners have not requested additional coverage nor had the City solicited their interest.


Councilmember Ihlan, opining that it was a fairness concern, suggested that such coverage be provided on all lakes in the community, or other alternatives be sought.


Pust moved, Roe seconded, an Agreement for Supplemental Law Enforcement Services between the City of Roseville and Ramsey County for supplemental law enforcement services on Lake Owasso in 2010, in accordance with the City’s Collaboration and Cooperation Policy.


Roll Call

Ayes: Roe; Pust; Ihlan; and Johnson.

Nays: None.


i.             Accept a Ramsey County Homeland Security and Emergency Management $7,567.70 Grant for the purchase of 800 MHz Radio Equipment

Pust moved, Roe seconded, authorization for the Fire Department to accept a grant from the Ramsey County Homeland Security and Emergency Management Division in the amount of $7,567.70, for the purchase of Radio Equipment.


Roll Call

Ayes: Roe; Pust; Ihlan; and Johnson.

Nays: None.


8.            Consider Items Removed from Consent


a.            Approve General Purchases and Sale of Surplus Items Exceeding $5,000 (former Consent Agenda Item 7.b)

Councilmember Ihlan requested a more detailed analysis of those repairs needed for the existing versus the cost of a new vehicle.


Acting Fire Chief Tim O’Neill advised that transmission repairs alone, continuing to worsen over the last few years had been estimated at $4,000; with electrical and air conditioning repairs in addition.


Roe moved, Pust seconded, approval of general purchases and/or contracts as follows:






Elk River


2010 Cargo Van XLT

*Replacing current 12-year old

 Fire Marshal vehicle at 94,000

miles and in need of repairs







Roll Call

Ayes: Roe; Pust; Ihlan; and Johnson.

Nays: None.


b.            Approve Request by Clearwire, LLC for a CONDITIONAL USE for Telecommunication Equipment to be mounted onto a Commercial Building at 2233 Hamline Avenue (PF10-007) (former Consent Item 7.f)

Councilmember Ihlan noted that no one from the public had attended the Public Hearing held at the Planning Commission level, and verified with staff the scope of mailed notice provided, and whether it extended to Sandhurst Drive on the south.


Associate Planner Bryan Lloyd advised that standard mailed notice to property owners within 500’ of the subject property had been provided, in accordance with City policy, in addition to publication in the Roseville/Little Canada Review; with the boundary of the postcard map indicating that the notice area had extended south to County Road B beyond Sandhurst Drive.


Roe moved, Pust seconded, adoption of Resolution No. 10796 entitled, “A Resolution Terminating City Council Resolution 9413 and Approving the Installation of Telecommunication Equipment on the Commercial Building at 2233 Hamline Avenue as a Conditional Use in Accordance with Roseville City Code, Section 1014.01 (PF10-008).”


Councilmember Ihlan questioned if this replaced the previous resolution, with Mr. Lloyd responding affirmatively.


Roll Call

Ayes: Roe; Pust; Ihlan; and Johnson.

Nays: None.


c.            Adopt an Ordinance Amending Title 103.01, Section B, City Primary Election Date and Title 1010.03, Section 10, Posting Political Signage (former Consent Item 7.h)

City Manager Malinen briefly reviewed the Request for Council Action (RCA) dated March 22, 2010 in accordance with provisions of recent legislation changing the date of the State primary election to the second Tuesday of August; and to also revise City Code to allow political campaigns to post campaign signs forty-six (46) days before a primary election.


Councilmember Pust noted that most communities were allowing political signs sixty (60) days prior to the primary election rather than that proposed for the City of Roseville, and sought rationale for this specific recommendation.


Mr. Malinen advised that he surmised that the recommendation was to be consistent with the prior timeframe for the primary election.


Councilmember Pust suggested that the City should be consistent with other communities, or with best practices; and suggested that this provision be brought back at a later date once it was determined whether or not sixty (60) days was more consistent.


Councilmember Ihlan suggested that state language be used in the City’s language provisions for the change in primary election to the second Tuesday in August, parallel to previous language and for consistency with state law and to avoid having to reference state statutes.


Councilmember Roe suggested that it may make more sense for the language to be stated the same as the state primary rather than changing the City’s ordinance; while recognizing the rationale in not needing to reference a separate document.  On the timing for political signs, Councilmember Roe questioned if there was any state law addressing sign posting for state elections; and suggested that the City’s Code be as consistent as possible with State Statute.


Councilmember Pust advised that she had researched this earlier today, including an e-mail to the City’s legislative delegation, when she was unable to find when they changed their sign restrictions based on information from the Reviser’s Office.


Councilmember Pust expressed support for the proposed Ordinance Amendment when additional information on the signage portion was available from peer communities.


Councilmember Ihlan noted that the City was not the only entity having local elections, but that both School Districts held elections in odd years; and suggested that the primary election information be described more generically rather than State Statute references for even year elections, consistent with language in previous ordinance.


Councilmember Roe suggested that the sign portion of the ordinance be held until more information was made available.


Roe moved, Johnson seconded, enactment of Ordinance No. 1389 entitled, “An Ordinance Amending Title 103.01, Section B, City Primary Election Date;” in accordance with State Statute and as detailed in the proposed ordinance language included as an attachment to the RCA included in the agenda packet, amending the language in the last line of the proposed ordinance to read…the same date of  as the state primary election.


Councilmember Ihlan suggested that both portions of the proposed Ordinance language be delayed until more information is provided on the political sign issue; and after consulting with both School Districts for their preference.


Councilmember Roe noted that City Code didn’t set School District election dates.

Roll Call

Ayes: Roe; Pust; and Johnson.

Nays: Ihlan.

Motion carried.


9.          General Ordinances for adoption


10.       Presentations


11.       Public Hearings


a.            Public Improvement Hearing for Rice Street / TH 36 Bridge Reconstruction Project

City Engineer Debra Bloom provided a project overview of the proposed improvements for the Rice Street / Highway 36 Bridge Reconstruction Project, and specifics related to Roseville’s portion of the project.  Ms. Bloom reviewed the need for the project; noted meetings of a Citizen’s Technical Group over the last three years; outlined multiple funding sources; and provided a history of the current bridge built in approximately 1950 and design components of the new bridge that will be wider and allow additional traffic lanes, including aesthetic and lighting improvements, accommodation of non-motorized traffic including sidewalks on both sides of Rice Street, signals with pedestrian timers and ADA audible controls, and medians with streetscape amenities.  Ms. Bloom noted that both the Cities of Little Canada and Roseville had initiated a request to Xcel Energy for burying utility services.  City of Roseville public utility improvements as part of the project include storm sewer improvements, watermain replacement at County Road B and along the entire Rice Street corridor proposed for this phase of improvement, and sanitary sewer relocation in the Trunk Highway 36 right-of-way.


Ms. Bloom noted the estimated project cost was $28,700,000, with funding from federal, state, Cities of Roseville, Little Canada and Maplewood, Xcel Energy through a customer franchise fee for the Cities of Little Canada and Roseville, and other funds including the state bonding bill.  Ms. Bloom advised that tonight’s public hearing was for the purpose of hearing public comment concerning Roseville’s estimated portion of assessable costs to benefiting property owners in the amount of $473,080.  Ms. Bloom reviewed the City’s current assessment policy for 25% of road construction costs to benefiting properties, with engineer’s estimates of assessable frontages at 1,791.06 at 100% of those costs at $155.93 per foot; and reviewed policy calculation methods for commercial properties.  Ms. Bloom noted that another public hearing would be held following completion of the project in 2011, at which time assessments would be finalized based on actual construction costs, with deferrals available to property owners upon meeting of specific criteria.


Ms. Bloom concluded by providing a breakdown of the City’s project funding, which included Municipal State Aid (MSA) funds of $209,460; Special Assessments at $69,820; and Water Utility Funds at $193,800 for a total of $473.080.  In conclusion, Ms. Bloom provided the proposed construction schedule, indicating a proposed bid opening in May of 2010; construction of the east side of Rice Street from June through the fall of 2010; construction of the west side from May to the fall of 2011; with Rice Street proposed to remain open throughout the construction work.  Ms. Bloom advised that plans and specifications were available at City Hall for public review by contacting staff.


Acting Mayor Johnson opened the Public Hearing at 6:52 p.m. for the purpose of hearing public comment on the proposed improvement and plans and specifications for the Rice Street / TH 36 Bridge Reconstruction Project.


Public Comment

     Barbara Ankrum, 2489 Rice Street – Suite 40, Property Manager

Ms. Ankrum presented to Ms. Bloom for the record, a formal written objection to the proposed assessments for the properties at 2345 and 2353 Rice Street, of which she was Property Manager and representing the property owner, who was unavailable for tonight’s meeting.  Ms. Ankrum summarized that the property owner was adamantly opposed to the proposed assessments, opining that they served no benefit and actually decreased property values.


Acting Mayor Johnson closed the Public Hearing at 6:54 p.m. with no one else appearing to speak for or against.


12.       Business Items (Action Items)


a.            Adopt a Resolution Ordering the Improvement and Approving Plans and Specifications for the Rice Street / TH 36 Bridge Reconstruction Project

Discussion included the age of the watermain and sewer infrastructure proposed for replacement by the City of Roseville, with 12” and 8” cast iron pipe estimated to be 50 years old and susceptible to breakage; review of the procedure for challenging an assessment at the time actual costs are determined in approximately September of 2011; and benefits of the project in traffic management, pedestrian and bicycle safety amenities, and replacement of a dilapidated bridge.


Public Works Director Duane Schwartz noted that the City’s portion of street costs had been identified by Ramsey County, with the City’s Utility Fund bearing the costs for their replacement and not included in assessment projections.  Mr. Schwartz advised that the Cities of Little Canada, Maplewood and Roseville had initiated the project early on behalf of the expansion of St. Jude’s Medical; and requested that if additional funds were available or if bids come in lower than projected, those funds be used to reduce the overall assessment costs.


Pust moved, Ihlan seconded, adoption of Resolution No. 10797 entitled, “Resolution Ordering the Improvement and Approving Plans and Specifications for the Rice Street / TH 36 Bridge Reconstruction Project.”


Roll Call

Ayes: Roe; Pust; Ihlan; and Johnson.

Nays: None.


b.            Appoint Members to the Parks and Recreation and Police Civil Service Commissions

Two bench handouts were provided, representing recommendations for appointment of candidates provided by Bob Willmus, Chair of the Parks and Recreation Commission, and by Mary Jean Turinia Anderson, Chair of the Police Civil Service Commission.


Acting Mayor Johnson recognized the number of quality candidates for these vacancies.


Candidates for the Police Civil Service Commission included: Don Drackert; Debra Gogins; and Zoe Jenkins.


Pust moved, Ihlan seconded, appointment of Don Drackert to the City’s Police Civil Service Commission for a term ending March 31, 2013.


Roll Call

Ayes: Roe; Pust; and Ihlan.

Nays: Johnson.


Candidates for the Parks and Recreation Commission included: Erin Azer; Bryan Donaldson; Randall Doneen; Mark Kamrath; Michele Lind; Kevin Ronneberg; Eli Sagor; Duane Stolpe; and Sheri Yaritz.


Roe moved, Johnson seconded, appointment of Erin Azer and Randall Doneen to the City’s Parks and Recreation Commission for terms respectively ending March 31, 2013.


Discussion included the process for appointment and whether to appoint by separate motion; with Councilmember Roe withdrawing his motion, allowing each Councilmember to provide their top two selections to determine consensus.


Councilmembers Roe and Acting Mayor Johnson remained in agreement with appointment of Azer and Doneen.


Councilmember Pust expressed her enthusiasm for the quality of each candidate, and spoke in support of appointment of Azer and Michele Lind.


Councilmember Ihlan suggested that extension of the Parks and Recreation Commission be considered as discussed during the interview process; and spoke in support of Eli Sagor and Doneen at this time.


Councilmember Pust noted that the consensus appeared to be consistent with the original motion.


Councilmember Roe noted that, while expanding the Parks and Recreation Commission membership may be worth further discussion and consideration, current ordinance specified nine members; and changing that membership would require an ordinance change.  


Councilmember Roe renewed his original motion, with Pust seconding that motion.

Roll Call

Ayes: Roe; Pust; Ihlan; and Johnson.

Nays: None.


Councilmembers encouraged other candidates to keep their interest in involvement with their local government; and Councilmember Pust charged Councilmember Roe, as part of the Parks and Recreation Master Plan group to get those candidates involved at that level.


c.            Consider the Request by Twin City Chinese Christian Church for a ZONING TEXT AMENDMENT to allow contemporary church uses at 2755 Long Lake Road and in General Business (B-3) Districts generally (PF10-006)

Associate Planner Bryan Lloyd briefly reviewed staff’s analysis of this request, as detailed in the RCA dated March 22, 2010; and their recommendation for denial based on specifics outlined in Section 6 of that report.


Discussion among staff, including Mr. Lloyd and City Planner Thomas Paschke, and Councilmembers included definitions of land use designations and those institutional uses included; staff’s interpretation of the absence of specific reference to Institutional land uses as not recommending those uses; current zoning code allowance of church use only in District B-1 through a Conditional Use and surrounded by neighborhoods in residential areas; possible locations of churches retrofitted in strip malls of which the City is unaware of that use; and additional Comprehensive Plan guidance.


Further discussion included regional contemporary churches versus traditional neighborhood churches; absence of discussion at the Comprehensive Plan Steering Committee level on which districts were suited for church use and whether excluded intentionally or not; and staff’s determination that potentially high employment areas didn’t support institutional uses, whether tax generating or not.


Applicant Representatives

Ron Wong, 2340 East 121st Street, Burnsville, MN, Chair of Trustee Committee at Twin City Chinese Christian Church (T4C)

Mr. Wong provided background and historical information of the T4C church, specific to the regional and ethnic nature of the church; and thanked staff for their assistance in pursuing this application, along with the Planning Commission for their unanimous recommendation for approval.  The detail of this information is included in the February 5, 2010 Zoning Text Amendment Application narrative (Attachment C) and excerpt of the March 3, 2010 Planning Commission meeting minutes (Attachment D), both included as part of the RCA dated March 22, 2010.


Thomas Peterson, Station 19 Architects, 2001 University Avenue SE, Minneapolis, MN

Mr. Peterson provided additional comments to the RCA, in addition to those addressed in the above-referenced attachments, including the trend of current church models away from traditional neighborhoods to regional contemporary “mini malls of ministry,” and related parking and traffic generation considerations.  Mr. Peterson opined that this project would be of benefit to T4C and the City for purchase and improvement of an available and currently vacant site in Roseville after a seven year search by the congregation for a suitable location, as supported by the unanimous support of the Planning Commission.  Mr. Peterson referenced the Federal Religious Land Use Act invalidating any loss of revenue argument and protecting the right of a church to become a permitted use if other similar uses area allowed; and requested City Council support of this application.


Public Comment

Eric Bluhm, Pastor with North Heights Lutheran Church (Home address: 4008 Benjamin Place; Columbia Heights, MN)

Mr. Bluhm provided City Manager Malinen a written letter of support from the Roseville Ministerial Fellowship, endorsing T4C’s request and recommending approval of their application.


Louis Eng, Roseville Resident

Mr. Eng, living several blocks from the Twin lakes Redevelopment Area, spoke in support of the proposed church location at the Denny Hecker site as opposed to near a more residential area, given the potential impacts to residential housing creating more traffic on weekends; while opining that the facility on Long Lake Road would be isolated from those residential areas.  Mr. Eng spoke in support of the provisions of the Imagine Roseville 2025 vision for attracting diversity, and spoke in support of the application of T4C as a great chance for the City to promote this diversity.


Councilmember Roe spoke in support of Institutional and church uses in other districts established throughout the Comprehensive Plan, opining that the current zoning code, with approval of this type of use by Conditional Use application made sense and allowed consideration of impacts to surrounding neighborhoods.  Councilmember Roe noted that his concern was that this was a proposed zoning text amendment making this a permitted use, not a conditional use; and was supportive of the Planning Commission rationale in supporting it since the zoning code was changing soon; and reiterated his support for Conditional Use.


Councilmember Pust noted discussions at the Steering Committee level for Regional Business land use designation based on traffic generation; and suggested that the real issue was whether to take this property off the tax rolls for this non-profit use, opining that such consideration was not appropriate criteria for consideration.   Councilmember Pust opined that this request was consistent with the Imagine Roseville 2025 vision for diversity support; and that it also provided another additional benefit provided by non-profits even when weighed against less tax dollars; and spoke in support of the application and proposed location.

Councilmember Ihlan opined that the basis for this decision was with the Comprehensive Plan, and based on that alone, amendment of the zoning text was not indicated and inconsistent.  Councilmember Ihlan provided her interpretation of applicable land use categories and Institutional use in those categories; and spoke in opposition to the application based on that interpretation.


City Attorney Caroline Bell Beckman

City Attorney Caroline Bell Beckman addressed the Religious Land Use Act as referenced by the applicant; and elaborated on Councilmember discussion to-date related to not considering this application based on tax exempt status; and in interpreting the Comprehensive Plan and zoning amendment consistency.


Councilmember Johnson addressed his interpretation of the Comprehensive Plan and its lack of support for this use on this parcel; even though he was supportive of the T4C church and thought it would be a wonderful addition to the community providing a vibrant presence and value to Roseville; and spoke in opposition to the application.


Discussion included the majority vote required to amend the Comprehensive Plan; realistic and problematic current zoning not allowing church uses in anything but Institutional Districts; staff’s rationale for not recommending a Conditional Use application process to the applicant; process for consideration of a Comprehensive Plan amendment; whether Institutional uses be allowed in B-3 Districts, consistent with Regional Business land use category designations or exclusion in those districts; potential consideration of specific zones addressing those uses to match the Institutional land use designation; and other existing sites designated as Institutional on the map when under consideration by the Steering Committee; the advisability of a new Institutional use needing Comprehensive Plan Amendment rather than the current Conditional Use process; and the request for additional information accordingly.


Further discussion included the time sensitivity of the application from the applicant’s perspective.


Jeff LeFavre, Integrust Development Group, 3116 Chelsea Court, Burnsville, MN

Mr. LeFavre noted that this request was coming forward after a seven year search by T4C, and expressed concern that the seller may not be willing to grant additional time for the church to pursue this issue before withdrawing the hold on the property under contract.  


Mr. Wong noted that the application submitted was for amendment to existing zoning code for B-3 Districts, based on the advice of the City’s Planning Staff, and clarified that the application didn’t specify Conditional Use or permitted use.


Pust moved, Roe seconded, extending the approval period for 60 days, allowing for additional research by staff for presentation to the City Council.


Roll Call

Ayes: Roe; Pust; Ihlan; and Johnson.

Nays: None.


Mr. Lloyd sought specific direction for staff in providing additional information; with Councilmembers requesting more study on why a Conditional Use couldn’t be considered; clarification of whether a Comprehensive Plan Amendment was indicated since the zoning was inconsistent with Comprehensive Plan; legal perspectives on whether a temporary change to the Zoning Code to permit this was advisable when the entire Code would ultimately be rewritten, and ramifications of creating a non-conforming existing use.


Acting Mayor Johnson thanked the applicant for their patience; assuring them that the goal was the best result for them and the City.


d.            Consider Acquisition of Portions of a Property Located at 1885 – 1915 County Road C West

Economic Development Associate Jamie Radel briefly summarized the RCA dated March 22, 2010 for Council consideration due to timing constraints of the DEED grant stipulations that the City must incur costs prior to December 31, 2010.


At the request of Councilmembers, Ms. Radel clarified the specific portions of the property needed to complete Phase II improvements (sidewalks and other amenities), and those areas for right-of-way acquisition and those for temporary construction easements.


Roe moved, Pust seconded, adoption of Resolution No. 10798 entitled, “Resolution Approving the Acquisition of Property for Improvement to Twin Lakes Parkway and Prior Avenue;” approving the acquisition of property at 1885 – 1915 County Road C West for utility and road improvements associated with the Twin Lakes Phase II Infrastructure Project.


Roll Call

Ayes: Roe; Pust; Ihlan; and Johnson.

Nays: None.


e.            Consider the Request by Riaz Hussain to Amend CONDITIONAL USE to allow Parking adjacent to Autumn Street to remain at 1901 Lexington Avenue (PF10-002)

Mr. Lloyd provided a brief summary of the RCA dated March 22, 2010. 


Discussion among staff, Councilmembers, and City Attorney Beckman included a legal counsel review of this specific Conditional Use Permit and enforcement of nonconforming conditions based on case law and based on the effect of the previously-approved veterinary clinic use not in operation and unable to meet those conditions. 


Ms. Beckman advised that the City could have addressed the nonconformity in the past and revoked the Conditional Use Permit at that time; however, the issue went unnoticed and was not enforced.


Further discussion included public safety and traffic conflict concerns and enforcement rights of the City to address the parking area unrelated to the Conditional Use Permit; and the State protection of legal, nonconforming uses prior to zoning ordinances prohibiting them.


Roe moved, Johnson seconded, DENIAL of the applicant’s request for Conditional Use Amendment, with the request made moot in that the use is not in existence for the property.


Councilmember Ihlan noted that action previously requested at the February 22, 2010 Council meeting included a resolution to deny the request, including findings for that denial; and spoke in support of denial based on those previous findings. The resolution is attached as a bench handout.


Further discussion ensued, with Councilmember Ihlan providing a copy of the resolution for consideration by the City Council.


Roe moved, Johnson seconded, adoption of Resolution No. 10799 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 Ihlan spoke in support of the motion with findings as listed in the resolution, based on public safety and traffic conflicts.


Councilmember Ihlan expressed interest in exploring ways to enforce conditions of the CUP not tied to the veterinary clinic used to address continuing concerns of the neighbors.


Councilmember Roe supported looking at other ways to require removal of the parking areas, but opined that, on the advice of the city attorney, those ways would likely not involve enforcement of the conditions of the CUP.


Roll Call

Ayes: Roe; Pust; Ihlan; and Johnson.

Nays: None.


Acting Mayor Johnson recessed the meeting at approximately 8:28 p.m. and reconvened at approximately 8:37 p.m.


13.       Business Items – Presentations/Discussions


a.            Parks and Recreation Presentation on Imagine Roseville 2025 Topics

A bench handout was provided by Administration staff including additional workbook sheets that had been inadvertently deleted from information provided in the packet.


Parks and Recreation Director Lonnie Brokke and Assistant Director Jill Anfang were present for this discussion, as part of continuing 2011 budget discussion.


Mr. Brokke provided an overview of the department, and noted that the Parks and Recreation Advisory Commission had reviewed the Imagine Roseville 2025 park and recreation-specific items at their recent meeting, as well as the Capital Improvement Plan (CIP) specifics.


Discussion included those vehicles and equipment previously deferred (pathway machine, pick up, and trailer); Park Improvement Program (PIP) items such as shelters, fencing, hockey rinks, tennis court resurfacing and reconstruction and other infrastructure items not necessarily considered equipment or included in the CIP; and incorporation in the Park Master Plan process of many of the action steps in the Imagine Roseville 2025 visioning process.


Further discussion included recent improvements and bonding bill funding for improvements at the OVAL and Skating Center and additional anticipated improvements; improvements at the Golf Course (Enterprise Fund) both short and long-term; community, citizen and neighborhood involvement related to parks and recreation addressed through the Master Plan process; and neighborhood identity.


Mr. Brokke extolled the current Parks and Recreation staff and their commitment and dedication, both full and part-time employees.  Mr. Brokke recognized the high level of volunteer interest in the community, and their considerable fundraising provisions and participation.


Mr. Brokke addressed several challenges of the department with staff reductions that occurred over the last several years and impacts on day-to-day operations; how to incorporate a volunteer work force while providing them adequate direction, supervision, training and monitoring; facility conditions and/or adequacy in meeting the demand for programs; diseased and hazard tree concerns; and finalizing the recent department reorganization by refining job descriptions and duties as needed in coordination with the Human Resources Department.


Acting Mayor Johnson noted Councilmember Ihlan’s interest in expanding the membership of the Parks and Recreation Commission from the current nine members, and sought Mr. Brokke’s perspective.


Mr. Brokke opined that nine members represented a large commission and questioned the validity of expanding the commission to address current community interest from potential candidates.


Additional discussion included the current “volunteer”  coordinator initially established as a pilot program; sharing responsibility of that coordination among the Commission; promotion of programs and recognition of volunteers; optimism that the current budget process would capture nuances of the department as it becomes more refined and programs/services were better analyzed; and how the Master Plan process may define the department, priorities and branding of parks in the short and long-term.


Mr. Brokke advised that more detailed information would be brought forward to the City Council at their April 12, 2010 meeting addressing potential themed or park constellations, defining neighborhoods and park uses accordingly, including specific amenities and connections to each other.  Mr. Brokke further noted the reality of the Citizen Advisory Team during the Master Plan process in identifying plan creation and implementation as two different aspects.


Concluding discussion included alerting the City Council if consideration of revised job descriptions would be coming before them in the future as part of the budget process; benefits of and coordination with the School Districts in shared facilities (Owasso, Parkview and Fairview specifically); and the need for a statistically valid survey for needs assessment.


b.            Public Works Presentation on Imagine Roseville 2025 Topics

Public Works Director Duane Schwartz and City Engineer Debra Bloom were present for this discussion.


Mr. Schwartz advised that the Public Works, Environment, and Transportation Commission would be discussing the Imagine Roseville 2025 document at their meeting on Tuesday evening, March 23, 2010.  Mr. Schwartz advised that the Department considered the majority of items included in the document part of their day-to-day operations and mission for the City, most of which were easy to implement if adequate resources were provided.


Mr. Schwartz noted the considerable progress made in environmental issues through working to improve water quality in coordination with area Watershed Districts; the amount of staff time required in coordinating transportation projects with other agencies and incorporation of “Complete Street” concepts in those improvement projects through staff’s participation with those agencies. 


Mr. Schwartz repeatedly expressed the Department’s appreciation of the City Council’s support in implementing programs, despite resource challenges; and expressed the Department’s support for performance measurement and program budgeting, noting that the Public Works Department had been tracking their budget allocations since the 1980’s in such a way, allowing for greater efficiency.  Mr. Schwartz sited the City’s Pavement Management Plan (PMP) as a prime example and its performance to-date, and the public’s perception of the city’s infrastructure, trails and sidewalks as mentioned in the Imagine Roseville 2025 document.  Mr. Schwartz concurred with Mr. Brokke’s comment related to the quality and commitment of current staff in his department as well, each committed to productivity and efficiency.


Mr. Schwartz addressed additional work and resources for Pathway Master Plan work; facility maintenance and replacement; environmental protection enhancements; coordination with items in the Parks Master Plan process as they include Public Works-related items; and ongoing transit connection improvements to take advantage of other projects in the metropolitan area (i.e., Central Corridor planning).


Mr. Schwartz addressed specific Capital Improvement Plan (CIP) issues for 2010 through 2019, with approximately $55,000,000 of the total $100 million related to Public Works in one way or another; the success of the PMP program, unique in how it funds long-term maintenance; increased construction costs projected due to increased energy costs; and consideration in the future of additional levy dollars to support the PMP program and/or review of the existing Assessment Policy to ensure its stability.


Mr. Schwartz reviewed current low bids received for 2010 projects at approximately twenty percent (20%) under the engineer’s estimate and benefits to residents in getting street rehabilitation without assessment; utility rehabilitation and/or replacement to take advantage of projects (i.e., Rice Street reconstruction) to replace infrastructure at the lowest cost possible; improved technology creating additional efficiencies; need to continue a systematic replacement of the City’s 50+ year old utility infrastructure; and progress being made in replacing watermains over the last few years in the City’s most problematic areas.  Mr. Schwartz reviewed projects coming up in the immediate future; average three miles of street rehabilitation annually; and facility standards to facilitate the most cost-effective operations and maintenance.


Mr. Schwartz briefly reviewed the upcoming challenges for the department as it related to facilities, pathways, and full implementation of the City’s Pathway Master Plan in the future.


Discussion included the need to consider long-term maintenance of the pathway system, not just construction and/or replacement; prioritization of the Pathway Master Plan, last reviewed and updated in 2008 with no dedicated fund in place and no reprioritization at that time; taking advantage of opportunities as they arise and are included in related area projects, and when grants for those specific areas become available.


Ms. Bloom and Mr. Schwartz addressed the number of smaller pathway connections and/or improvements made over the last few years, with the Rice Street corridor being another major priority.  Ms. Bloom estimated that current indications are that the City may be a minimum of 25% through the priority list, with no others on the horizon at this time due to a lack of funding sources.


Councilmembers requested that staff provide more definitive information to the City Council with actual numbers.


Further discussion included the need for neighborhood connections not currently on the Pathway Master Plan list at this time; needed connections between multi-family buildings and bus stops; and additional coordination by staff with other agencies to enhance pedestrian safety near parks or at connection points.


Councilmember Ihlan requested additional staff information on the cost for additional striping on County roads and/or signage at crosswalks and related costs to enhance pedestrian safety, specifically near parks.


Councilmember Roe requested additional staff information on costs for additional right-of-way maintenance on state and/or county roadways where additional maintenance was indicated or preferred to improve the City’s aesthetics.


In conclusion, Ms. Bloom reviewed a number of regulator mandates increasing staff’s work load, including MPCA permitting and education on the MS4 Permit and Illicit Discharge ordinance; erosion control; Total Maximum Daily Load studies as part of Watershed Districts and implementation projects to reduce that loading; attempts to improve storm water drainage issues and elimination of the infiltration/inflow surcharge through a city-wide program; FEMA mapping for flood plains with an ordinance scheduled to come before the City Council in the near future for implementation by June of 2010; updating storm design frequencies and cycles; and areas of partnership, coordination and advise involving staff participation with other communities and/or agencies.  Ms. Bloom further reviewed ADA inventory requirements for crosswalks and implementation of timed and audible crossing signals; and staffing challenges in providing assistance to residents for rain garden installations, with staff fielding between 30-60 inquires annually, and needing education and outreach to encourage such community enthusiasm and interest.


Mr. Schwartz concluded by discussing the reorganization of the Public Works Department based on their strategic plan to meet these challenges; ongoing maintenance and technology changes and advances providing more efficiencies, but needing consideration and revised management perspectives.  Mr. Schwartz noted, as an example, the upcoming request before the City Council for implementation of automated meter reading.


Mr. Schwartz again thanked the City Council for their support and working relationship with staff, opining that it showed in the sound decisions made over the years and programs implemented and maintained.


c.            Discussion of Public Property use for Commercial Purposes

Due to time constraints, this item was not addressed.


14.       City Manager Future Agenda Review

City Manager Malinen distributed upcoming agenda items.


15.       Councilmember-Initiated Items for Future Meetings

Councilmember Pust requested that a future agenda include an item reviewing the North Suburban Community Foundation.


Councilmember Ihlan requested that an agenda in the near future include an item discussing the maximum number of citizen members on the Parks and Recreation Commission.


16.       Adjourn

The meeting was adjourned at approximately 10:02 pm.