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City Council

City Council Meeting Minutes

March 29, 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 March: Roe; Pust; Ihlan; Johnson; and Klausing).  Mayor Klausing noted that Finance Director Chris Miller would be serving as Acting City Manager at tonight’s meeting, as City Manager Malinen was on vacation.  City Attorney Mark Gaughan was also present.


2.         Approve Agenda

Councilmember Ihlan requested removal of Consent Agenda Item 7.e entitled, “Approve 2010 Conference Attendance.


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.            Gary Grefenberg, 91 Mid Oaks Lane

Mr. Grefenberg requested that the City Council post the current 2010 budget and allocations on the City website to facilitate civic engagement in the decisions made by the City Council on behalf of the community.


Acting City Manager Miller advised that this would be done.


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

Mayor Klausing announced several upcoming meetings: a multi-city meeting scheduled for April 1, 2010 at 6:30 pm at the OVAL with presentations and discussion on the Emerald Ash Borer problem; and Roseville University providing a behind-the-scenes look at city government, offered as a seven (7)-week course, beginning on Thursday, April 15, 2010 with information and interaction with all City departments (registration deadline March 31, 2010), with additional information on upcoming meetings available on the City’s website or by contacting City Hall.


Councilmember Roe 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


Councilmember Pust announced the upcoming Roseville Clean-up Day scheduled for April 24, 2010, encouraging all residents to plan on participating, and noting that additional information would be forthcoming.


Mayor Klausing thanked Councilmember Johnson for serving as Acting Mayor at last week’s meeting while Mayor Klausing was on vacation.


5.         Recognitions, Donations, Communications


a.         Proclaim April 30, 2010 Arbor Day

Mayor Klausing read a proclamation designating April 30, 2010 as Arbor Day in the City of Roseville.


Pust moved, Ihlan seconded, proclaiming April 30, 2010 as Arbor Day in the City of Roseville.

            Roll Call

Ayes: Roe; Pust; Ihlan; Johnson; and Klausing.

Nays: None.


6.         Approve Minutes


a.            Approve Minutes of March 22, 2010 Regular Meeting

Roe moved, Johnson seconded, approval of the minutes of the March 22, 2010 Regular meeting as presented.


Roll Call

Ayes: Roe; Pust; Ihlan; and Johnson.

Nays: None.

Abstentions: Klausing

Motion carried.


7.            Approve Consent Agenda

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


a.            Approve Payments

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

ACH Payments


58010 – 558078





Roll Call

Ayes: Roe; Pust; Ihlan; Johnson; and Klausing.

Nays: None.


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

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






Scharber & Sons

Utility Tractor / Pathway Machine

*will be offset by trade-in



Americana Fireworks

Fourth of July fireworks**

**$5,340 of this amount covered by donations










Johnson moved, Roe seconded, approval of the sale of surplus vehicles and/or equipment as follows:


1973 Tree Spade


1988 Tractor


Bauer Rainboy turf sprinkler


2 field liners/painters


Soap Box derby car trailer


5 Soap Box derby cars


Felling trailer


1996 Holder Pathway machine


MT Trackless pathway machine











Roll Call

Ayes: Roe; Pust; Ihlan; Johnson; and Klausing.

Nays: None.


c.            Approve an Optical Fiber and Facility Connections Agreement with Ramsey County Library

Johnson moved, Roe seconded, approval of an Optical Fiber and Facility Connections Agreement between the City of Roseville and the Ramsey County Library Board, Attachment A to the Request for Council Action (RCA) dated March 29, 2010.

Roll Call

Ayes: Roe; Pust; Ihlan; Johnson; and Klausing.

Nays: None.


d.            Approve Firefighter Holiday Pay Incentive

Johnson moved, Roe seconded, authorizing the Fire Department to provide a holiday pay incentive program to part-time firefighters, including payment for past holidays retroactive to December 24, 2009, as detailed in the RCA dated March 29, 2010.

Roll Call

Ayes: Roe; Pust; Ihlan; Johnson; and Klausing.

Nays: None.


8.            Consider Items Removed from Consent


a.            Approve 2010 Conference Attendance (former Consent Item 7.e)

At the request of Mayor Klausing, Acting City Manager Chris Miller reviewed the Request for Council Action dated March 29, 2010.  Mr. Miller noted that some of the items were coming up soon, and early registration had already been missed on several conferences.  A bench handout was provided, representing an e-mail from Mr. Miller dated March 29, 2010, listing specific examples of new ideas or innovations implemented as a result of employees attending conferences.


Councilmember Ihlan requested future discussion on the 2011 budget of a policy placing restrictions on out-of-town or out-of-state travel, similar to that restriction used by other businesses; and requested this type of detail from staff during that budget discussion.  Councilmember Ihlan sought clarification if any carryover funds were applied to the next budget cycle, or if that next budget built on top of that carryover money.  Councilmember Ihlan opined that the City needed to take advantage of local opportunities in order to save costs on overnight stays wherever possible.


Councilmember Pust sought clarification that the City Manager had already done a first screening of the items listed.


Acting City Manager Miller advised that the items listed are included in the 2010 budget in the total amount of $28,000 and represented an exhaustive list for 2010; however, noted that depending on the schedule of topics and staff availability, and some unknowns at this time, all of those items listed may not be attended by staff, which would represent savings from the total amount, which would be carried over for appropriation to the following year to reduce costs for that budget cycle in applicable funds.


Councilmember Roe noted the differentiation between training and conferences, noting that this list was exclusive to conferences; and questioned where other training was indicated.


Mr. Miller confirmed that this list only discussed conferences, noting that training was now only attended when mandatory, as per City Council direction, and that City employees were not sent to discretionary training unless for mandatory OSHA or licensing requirements.


Discussion ensued related to training versus conferences, with staff defining a conference as more of a retreat or a multiple-day event with a more comprehensive agenda, and training more of a ½ day event.


Councilmember Ihlan noted that it would be helpful for her during the 2011 budget discussions to be aware of what training was mandatory by law to certify employees or renew their credentials, with allocations to specific departments or funds.


Councilmember Johnson opined that, based on his experience, conferences such as those listed in the RCA were distinguished for the managerial level, not subordinates.


Public Comment

Gary Grefenberg

Mr. Grefenberg thanked the City Council for their due diligence in reviewing this issue.


Klausing moved, Johnson seconded, approval of the 2010 Conference Schedule for City Employees as detailed in the RCA dated March 29, 2010.


Roll Call

Ayes: Roe; Pust; Ihlan; Johnson; and Klausing.

Nays: None.


9.            General Ordinances for adoption


a.            Adopt an Ordinance Amending Chapter 302, Liquor Control, related to Conditions of the License and the Civil Penalty

Bench handouts, identified as a March 26, 2010 email to Councilmembers with an attached Memorandum dated March 10, 2010 related to a history of administrative citations of servers selling to underage customers; responses by Mr. Mathwig to Councilmember Ihlan’s questions earlier today; and Councilmember Johnson‘s proposals for violations related to alcohol sales violations.


Councilmember Roe, as a subcommittee serving with Councilmember Pust in drafting this proposed ordinance, briefly summarized how it was prompted by a previous issue with Davanni’s Restaurant serving alcohol during license suspension, and the presumed penalty indicating revocation and subsequent discussion raised about needing more of a middle ground, in addition to other penalties for serving to minors in line with peer communities and current State Statute.  Councilmember Roe noted the updated table and additional language related to the number of violations and subsequent penalties; the recently-held Public Hearing and further revisions following comments from license holders in the community; clarification of mandatory training as city-approved, not city-provided training, and transfer of controlling interests in licensed establishments; as represented in the most recent draft included in the RCA dated March 29, 2010.  Councilmember Roe noted, in the memorandum from Acting Police Chief Mathwig, that specific penalty for the server was not included in the proposed ordinance, as it was addressed by State Statute and addressed as an administrative penalty set aside in another part of City Code, with penalty of $250 (Section 314).


Councilmember Johnson expressed appreciation to Councilmembers Roe and Pust for their time and effort in reviewing this issue, and providing a proposed ordinance, and offered his support for the majority of the ordinance, with the exception of violation penalties.  Councilmember Johnson opined that there was a need to differentiate between grocery stores/restaurants (on-sales), and off-sale liquor stores; as the proposed violation for a fourth offense would ultimately put an off-sale establishment out of business permanently, since they were dependent on those sales exclusively.


Discussion ensued related to tiers for off-sales and on-sales; length of suspension; and owner/management actions versus employee actions and when management was the issue or when they were at the mercy of their employees.


Councilmember Ihlan addressed her concerns related to paragraph 3 on page 4 of the proposed ordinance related to potential impacts for violations occurring within a twelve-month period and accelerated calculations over a thirty-six month period that may impact a business that otherwise had a good compliance record.


Councilmember Pust reviewed the items under discussion, and rationale for the Council subcommittee presenting the proposed language as revised and those areas not revised, following input from business owners; with an attempt to define behavior that the community wanted and the lack of need for more tiers; with current language broad enough for the City Council to deviate upward or downward on that penalty provision.


Further discussion ensued related to penalty calculations; application to the licensee versus a third party; reasonable responsibility of management; and perspectives in reviewing statistics to-date showing the few violations within a three-year period.


Mayor Klausing opined that he was in agreement that the City Council being able to consider extenuating circumstance; however, since the community felt so strongly about this issue, he didn’t see occasions that they would deviate downward.  Mayor Klausing concurred with Councilmember Ihlan, and suggested that it would be better not to deviate up or down, but to increase the third suspension penalty from five to fifteen days.


Klausing Amendment

Klausing moved, Johnson seconded, to move the presumptive penalty for a third violation from 60 days to 15 days, changing the chart accordingly.


Roll Call (Klausing Amendment)

Ayes: Roe; Pust; Ihlan; Johnson; and Klausing.

Nays: None.


Councilmember Ihlan suggested a future discussion related to looking at future enforcement efforts related to how a licensee contributes to drunk driving.


Acting Police Chief Rick Mathwig

Acting Chief Mathwig advised that their enforcement of such instances usually went from the event backwards to the bar and interviews.


Councilmember Pust concurred, noting that it was usually the result of a court case related to wrongful death or personal injury.


Ihlan Amendment

Ihlan moved, Klausing seconded, elimination of item # 3 on page 4.


Discussion included scheduling of compliance checks based on officer availability and completed at random twice annually; and potential confusion of this paragraph when attempting to clarify City Code through this revised ordinance.


Councilmembers Roe and Pust provided their rationale and intent in proposing this paragraph.

Roll Call (Ihlan Amendment)

Ayes: Ihlan; Johnson; and Klausing.

Nays: Roe and Pust.

Motion carried.


Pust moved, Roe seconded, enactment of Ordinance No. 1390 entitled, “An Ordinance Amending Title Three, Section 302: 302.08 C Manager and Server Training; and 302.15 B (Minimum) Penalty;” (Attachment A); as amended.


Mayor Klausing and Councilmembers Ihlan and Johnson thanked Councilmembers Roe and Pust for their extensive work on this issue.


Additional discussion included participating in server training and those programs likely to meet city approval.


Councilmember Roe thanked Acting Chief Mathwig and Officer Arneson for their research and assistance.


Roll Call

Ayes: Roe; Pust; Ihlan; Johnson; and Klausing.

Nays: None.


Klausing moved, Pust seconded, enactment of Official Summary of Ordinance No. 1390 entitled, ““An Ordinance Amending Title Three, Section 302: 302.08 C Manager and Server Training; and 302.15 B (Minimum) Penalty;” (Attachment B; as amended.

            Roll Call

Ayes: Roe; Pust; Ihlan; Johnson; and Klausing.

Nays: None.


10.         Presentations

a.            Automated Meter Reading (AMR) Presentation

Public Works Director Duane Schwartz provided a Power Point presentation of Automated Meter Reading (AMR) options.  The presentation addressed background information on this technology, with more detailed financial and implementation information available at a later date if the City Council is supportive of this system.


The presentation addressed the City’s current water distribution history and age; staff-consuming process in door-to-door meter readings with approximately 10,500 meters read every quarter within a 14 square mile area, with one section billed every month throughout the cycle; commercial and residential reading; and manual read issues. 


Mr. Schwartz addressed two different AMR systems: drive-by or fixed-based systems; AMR communication types: one-way or two-way systems; and staff’s rationale for delaying this technology and review of past versus current technologies.  Mr. Schwartz noted benefits to the City and its customers through implementation of an AMR.


Mr. Schwartz estimated that .75 FTE staff time and an additional vehicle were included in the cost of meter reading, including Workers Compensation risks; and estimated that the cost was $1.5 - $1.7 million over a 5-10 year total implementation period, with commercial and hard-to-read accounts first with an initial $200-300,000 expenditure, and then the remainder of residential meters.  Mr. Schwartz advised that additional information could be provided in the future related to meter and AMR costs as they related to cost-effective purchasing of a meter and reader as a package or bid out separately; and estimating an approximate 19 year payback


Discussion included costs over the life of the meter based on battery life span; similar replacement considerations for meters; costs incurred regardless of the system in place (i.e., meter purchases); improved customer service and accuracy of lost water; and building costs into the fee structure, with some funding already built into the current fee structure as a capital improvement, making the increase in fees significantly less.


Further discussion included other communities that have implemented this type of equipment and their experiences; improving technologies; compatibility of those meters recently replaced throughout the City with this proposed AMR; and staff’s intent to bid to non-proprietary vendors with various meter brands.


Mayor Klausing expressed his interest in moving forward as a community to become more cost-effective and efficient; however, he requested more specific cost breakdowns per household; payback information over the 19 year period; and actual savings on tangibles and quantifiable items; and cash flow information.


Councilmember Pust  spoke in support of the system as an investment in the community’s infrastructure; and expressed appreciation to staff for not suggesting implementation initially until current technologies and improvements were available.


Councilmember Johnson concurred.


Mr. Schwartz advised that staff would return in April with more detailed and specific information.


11.         Public Hearings


a.            Public Hearing for a Minor Subdivision Creating an Additional Residential Parcel at 2764 Aglen Street (PF10-008)

Associate Planner Bryan Lloyd reviewed the specifics of the request for approval of a MINOR SUBDIVIISON creating one additional residential parcel at 2764 Aglen Street, as detailed in the RCA dated March 29, 2010 and recommended approval, with several minor conditions.


Mayor Klausing opened and closed the Public Hearing at 8:02 p.m. for the purpose of hearing public comment on the proposed MINOR SUBDIVISION; with no one appearing for or against.


12.         Business Items (Action Items)


a.            Consider a Minor Subdivision Creating an Additional Residential Parcel at 2764 Aglen Street (PF10-008)

Councilmember Ihlan requested and Mr. Lloyd provided confirmation of the 500’ mailed notification area; and confirmed that staff had not received any written or verbal comment to this proposal.


Klausing moved, Pust seconded, approval of the proposed MINOR SUBDIVISION  at 2764 Aglen Street; based on the comments and findings of Sections 4 and 5, and the recommendation of Section 6 of the Request for Council Action (RCA) dated March 29, 2010.


Roll Call

Ayes: Roe; Pust; Ihlan; Johnson; and Klausing.

Nays: None.


b.            Approve a City Abatement for Unresolved Violations of City Code at 1748 Galtier Street

Permit Coordinator Munson reviewed the request for abatement as detailed in the RCA dated March 29, 2010; providing a visual update on the property as of today of this single-family, detached home.  Mr. Munson advised that the current owner is Carol Armstrong who lives at the property.  Mr. Munson noted that this complaint was generated by the public, not staff; and that staff had been unable to contact the owner, even with multiple attempts and sources.  Mr. Munson advised that the owner had no listed telephone number; no response was found to in person attempts at the home; and no response had been received to the administrative ticket, yet unpaid.


Mr. Munson summarized the proposed abatement, consisting of removal of garbage stored in bags on the rear steps of the home, at an estimated cost of $250.00; and recommended that the Community Development Department be authorized to abate the unresolved City Code violations at 1748 Galtier Street.


Discussion included the repetitive nature of this issue; regular refuse pick-up weekly at this address, but storage still done on the back steps as offensive to neighbors; other recourse if this doesn’t work.


Councilmembers discussed with staff whether this abatement would solve the problem permanently; while recognizing the need for permanent resolution of this issue on the part of the property owner and for the benefit of the neighbors.


After discussion, it was the consensus of the City Council to hold off action at this time; and the City Council directed staff to attempt direct communication again with the property owner after regular business hours in an attempt to encourage compliance; with the City Council supporting abatement action in the future if this issue is not resolved through staff efforts.


c.            Consider Request by Twin City Chinese Christian Church for approval of a Zoning Text Amendment to allow Contemporary Church uses in General Business (B-3) Districts (PF10-006)

Associate Planner Bryan Lloyd briefly reviewed the request of the applicant, fully detailed in the RCA dated March 29, 2010 and recommended options available for City Council consideration.


Councilmember Roe noted the difficulty in considering this proposed use and the strict interpretation of Comprehensive Plan land use designations, and lack of available placement for Institutional uses other than in Mixed Use areas; and opined that they were too restrictive.  Councilmember Roe noted that the Comprehensive Plan addressed Parks and Open Space land uses allowing them in any area not specifically excluding them and suggested that Institutional uses be treated similarly and consistently.


Discussion ensued between Councilmembers and staff on those designated areas available for Institutional uses in residential versus other potential land use designated areas.


Mayor Klausing concurred with Councilmember Roe’s observations; and spoke in support of allowing Institutional uses in a broader range of spaces; however, he noted the problematic broad range of permitted uses within that Institutional category; and concerns with smaller neighborhood churches versus a larger mega or regional church and where they were applicable.


Mayor Klausing focused tonight’s discussion on the options available and necessary immediately as it related to this application and longer-range issues and potential revisions of the City’s zoning ordinance.


Councilmember Ihlan opined that, in order for this request to be granted, it would be necessary to amend the Comprehensive Plan, as the first order of business; noting that this issue did not come up at the Steering Committee level, and that larger community discussion was necessary prior to making any amendment.


Councilmember Roe spoke in support of a specific designation for Institutional use in the Comprehensive Plan and Zoning Code, determining those uses as appropriate and allowed by definition in those locations; and for current church use be in a multi-family designated area.


Councilmember Pust noted the need to address other types of school uses (EFCA and Charter; and specialty schools).


Further discussion included notice requirements and super majority requirement for a Comprehensive Plan Amendment; urgency of the current application based on their pending Purchase Agreement options; and timing for such an Amendment through the City and Metropolitan Council processes.


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

Mr. Wong addressed the timing concerns of the applicant, based on the Purchase Agreement drafted with the seller and ready for signature depending on City action; and the applicant verbally advising them of another and higher offer that may cause them to lose this property to another buyer.


Mr. Wong suggested that recommendations 8.2 and 8.3 of the RCA be done in parallel, recognizing the need for a public process in amendment of the Comprehensive Plan.  Mr. Wong opined that the City Council consider that churches are not an actual excluded use at this time on the existing zoning chart and that the revised zoning code could more clearly define uses.


Mayor Klausing spoke in support of the T4C project; however, noted the need for consideration of establishing precedents and the Comprehensive Plan Amendment public process needing to be followed.


Mr. Wong reviewed the limitations on the church in moving forward without the security of a Council determination on whether this use was permitted; opining that the City’s current Comprehensive Plan would permit churches by virtue that it did not specifically exclude them.


Councilmember Roe observed that the City’s existing zoning code didn’t comply with it’s Comprehensive Plan at this stage, and questioned legal counsel on whether one additional minor revision would have any ramifications, once the zoning code is made consistent with the updated Comprehensive Plan.


City Attorney Mark Gaughan questioned whether two wrongs made a right; and based on Section 5.2 of the RCA, opined that creating another inconsistency could provide further complication in the future.


Councilmember Ihlan recognized practical issues with this application; however, she opined that State law dictated that the City’s Comprehensive Plan governed, and the first step needed to be an amendment to that plan before proceeding further.  Councilmember Ihlan cautioned fellow Councilmembers of similar issues related to the Twin Lakes Redevelopment Area and legal implications.  Councilmember Ihlan expressed her interest in a way for the applicant to proceed with their plans.


Councilmember Johnson noted the advice of legal counsel; and questioned if any other options were indicated that would provide leeway for the City Council on this issue.


City Attorney Gaughan suggested that the problem may not be of a legal nature at this time; but may become one in the future if the City Council chose to make a zoning text amendment before a comprehensive plan amendment.


Councilmember Pust spoke in support of the need to amend the Comprehensive Plan first based on legal counsel and past experience, even while speaking in support of this application proceeding,


Further discussion ensued related to inconsistencies between the current zoning code and the updated Comprehensive Plan; and determining the practical versus technical issues.


Mayor Klausing suggested directing staff to look at amending the Comprehensive Plan to address Institutional uses in various land use categories, keeping in mind this issue; and looking at text amendments to ordinance; but holding off on the text amendments until the Comprehensive Plan Amendment was in place.


Mr. Lloyd reviewed the Public Hearing process for consideration of a Comprehensive Plan Amendment and public notification, with the April Planning Commission unavailable based on meeting those publication and mailed notice deadlines, with the May Planning Commission the first opportunity for hearing; and reminded Councilmembers of the need for a 4/5 or super-majority vote for any such amendment; with the City going forward as the applicant for this city-initiated process.


Roe moved, Klausing seconded, directing staff to initiate the process for Comprehensive Plan Amendment to address Institutional uses in various land use categories and which land use categories were appropriate to those Institutional uses and where those Institutional uses should be included in those specific definitions.


Roll Call

Ayes: Roe; Pust; Ihlan; Johnson; and Klausing.

Nays: None.


Mayor Klausing apologized to the applicant for the necessary delay based on legal requirements that the City needed to follow.


Mr. Wong thanked the City Council on behalf of the T4C Church.


Mayor Klausing recessed the meeting at approximately 9:12 p.m. and reconvened at approximately 9:23 p.m.


d.            Request by Clearwire LLC for approval of a 125-foot telecommunication tower facility in Acorn Park, 266 County Road C, as a Conditional use (PF09-032)

A bench handout was provided, dated March 26, 2010, from Parks and Recreation Commission Chair Bob Willmus outlining previous Commission action related to this issue.


Associate Planner Bryan Lloyd briefly summarized the RCA dated March 29, 2010, updated upon advice of the City Attorney.  Mr. Lloyd suggested a policy discussion in the near future by the City Council to provide direction to staff.


At the request of Councilmember Roe, Mr. Lloyd reviewed the original application of the applicant and staff recommendation for co-location of equipment to reduce multiple tower locations in the community.


Discussion included rationale for and promotion of co-location of equipment and towers within the community.


Mayor Klausing noted that the recommendation for denial was a lose-lose proposition for the community, in still having the visual impact of a tower located on private property and receiving no benefit of revenue.


Councilmember Ihlan spoke in support of future policy discussions; however, she expressed concern with the proposed findings as a basis for denial and recommended additional findings for denial, including:

§  Not consistent with Acorn Park Master Plan;

§  Not compatible with adjacent park and residential uses;

§  Construction and maintenance would have negative environmental impacts to Acorn Park; and

§  Unanalyzed environmental impacts and health concerns with locating a microwave tower in a park and wooded area, as addressed in the City’s Comprehensive Plan as it related to parkland uses to maintain the environmental health of the community.


Councilmember Johnson sought clarification, and City Planner Thomas Paschke clarified that these towers are subject to FCC compliance and that they are the regulatory agency.


Mr. Paschke advised that denial could not therefore be based on health requirements; and cautioned Councilmembers on including some of Councilmember Ihlan’s suggested findings for denial.  Mr. Paschke recommended the findings as outlined in the RCA as recommended by legal counsel, predicated on the fact that the City is the property owner in this case.


Further discussion ensued on whether to include additional findings for denial.


City Attorney Gaughan spoke in support of staff’s and legal counsel’s recommended findings alone, without additional findings, based on research of this issue.


Klausing moved, Johnson seconded, adoption of Resolution No. 10800 entitled, “A Resolution DENYING a 125-foot Telecommunication Tower Facility as a conditional Use in Accordance with Sections 1013.10 and 1014.01 of the Roseville City Code for Clearwire LLC and the City of Roseville (PF09-032).”


Ihlan moved, Pust seconded, amendment to the motion to include the following additional findings for denial:

§  Not consistent with Acorn park Master Plan;

§  Not compatible with adjacent park and residential uses;

§  Construction and maintenance would have negative environmental impacts to Acorn Park; and

§  Unanalyzed environmental impacts and health concerns with locating a microwave tower in a park and wooded area, as addressed in the City’s Comprehensive Plan as it related to parkland uses to maintain the environmental health of the community.


Mayor Klausing and Councilmember Roe spoke in opposition to the motion.

Roll Call (Amendment)

Ayes: Pust and Ihlan.

Nays: Roe; Johnson and Klausing.

Motion failed.


Roll Call (Original Motion)

Ayes: Roe; Pust; Johnson; and Klausing.

Nays: Ihlan.

Motion carried.


13.         Business Items – Presentations/Discussions


a.            Discuss an Ordinance Amending Title Five, Section 501.16 relating to Vicious


Acting Police Chief Rick Mathwig revised the RCA dated March 29, 2010.


Councilmember Pust noted segments of the Statute not printed in the materials, and requested that, in the future, staff include the entire document for Council consideration.


Discussion included expanded definition of a dangerous animal; and appeal process directed to an impartial qualified professional as the hearing officer rather than the City Council or City staff.


Roe moved, Pust seconded, Enactment of Ordinance No. 1391 entitled, “An Ordinance Amending Title Five, Section 501.16 Dangerous Animals; 501.16A Definitions; 501.16B Dangerous Animal Registration; 501.16D Regulation of Dangerous Animals; and Adding Sections 501.16F Notice of Dangerous Animal Determination; and 501.16G Appeal of Dangerous Animal Determination;” Note effective date:  January 1, 2011. (Attachment A to the RCA dated March 29, 2010.


Roll Call

Ayes: Roe; Pust; Ihlan; Johnson; and Klausing.

Nays: None.


Roe moved, Pust seconded, Adoption of Ordinance Summary No. 1391 entitled, “A Summary of an Ordinance Amending Title 5 of the Roseville City Code, Amending Chapters 501.16A, B and D; and adding Sections 601.16F and G relating to Dangerous Dogs per revised Minnesota State Statute 47.52 Note effective date:  January 1, 2011. (Attachment B to the RCA dated March 29, 2010).


Roll Call

Ayes: Roe; Pust; Ihlan; Johnson; and Klausing.

Nays: None.


b.            Finance Department Presentation regarding Imagine Roseville 2025 Topics

Due to time constraints, this item was deferred to a future meeting.


c.            Discuss Preliminary 2011 Revenue, Tax Levy, and Expenditure Forecast

Due to time constraints, this item was deferred to a future meeting.


14.         City Manager Future Agenda Review

Acting City Manager Miller distributed upcoming agenda items.


15.         Councilmember-Initiated Items for Future Meetings

Councilmember Roe requested that a future agenda include the process for going out for bids on the Recycling contract and the role of the Public Works, Environment and Transportation (PWET) Commission in that process, noting that the PWET Commission had only a few monthly meetings before summer, when the contract was scheduled to go out for bid.


Pust moved, Johnson seconded, to extend a charge to the PWET Commission for their consideration and recommendation of this contract renewal.


16.         Adjourn

The meeting was adjourned at approximately 9:57 pm.