City
Council Meeting Minutes
September 20, 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 September: Roe; Ihlan; Johnson; Pust; and
Klausing). City Attorney Caroline Bell-Beckman was also present.
2.
Approve Agenda
City Manager Malinen noted staff
removal of two agenda items, 12.c and d, respectively entitled, “Consider City
Abatement for an Unresolved Violation of City Code at 2570 Charlotte Street;”
and “Consider City Abatement for an Unresolved Violation of City Code at 2745
Hamline Avenue.
Councilmember Ihlan requested
removal of Agenda Item 13.a entitled, “Discussion of Proposed Minimum Lot Size
Dimensions Ordinance;” until next week’s meeting.
Councilmember Johnson requested the
addition of an item for discussion entitled, “City Manager Evaluation.”
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. No one appeared to
speak at this time.
4.
Council Communications, Reports, Announcements and Housing and
Redevelopment Authority (HRA) Report
5. Recognitions,
Donations, Communications
a.
Recognition of Public Bravery
Roseville Police Chief Rick
Mathwig recognized two juveniles for their life-saving actions, and for their
bravery and controlled presence of mind demonstrated throughout a
life-threatening incident, by public acknowledgement by the City Council, City
Manager, members of the community, and the Police Department. Chief Mathwig
briefly reviewed the incident, and noted the attendance at tonight’s meeting of
members of the Fire Department who were also present at the scene of the
incident.
On behalf of the community and the
City Council, Mayor Klausing offered sincere appreciation for the truly heroic
and active community involvement of these two young men, and thanked the Police
and Fire Departments for bringing it to the attention of the City Council and
the community.
6. Approve Minutes
a.
Approve Minutes of September 13, 2010 Regular Meeting
Johnson moved, Pust seconded,
approval of the minutes of the September 13, 2010 Regular meeting as presented.
Roll Call
Ayes: Roe; Ihlan; Johnson;
Pust; 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
Johnson moved, Roe seconded,
approval of the following claims and payments as presented.
|
ACH Payments
|
$14,740.76
|
|
59985-60053
|
997,522.82
|
|
Total
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$1,012,263.58
|
Roll Call
Ayes: Roe; Ihlan; Johnson;
Pust; and Klausing.
Nays: None.
b.
Approve Ramsey County Bar Foundation Off-Site Gambling Permit for
November 6, 2010 at the Midland Hills Country Club, 2001 Fulham Street
Johnson moved, Roe seconded,
approval of the request of Ramsey County Bar Foundation to conduct Off-Site
gambling on November 6, 2010 at the Midland Hills Country Club, 2001 Fulham
Street.
Roll Call
Ayes: Roe; Ihlan; Johnson;
Pust; and Klausing.
Nays: None.
c.
Approve Co-location Agreement with Ramsey County Library
Johnson moved, Roe seconded,
approval of the Co-location Agreement with between the City of Roseville and
the Ramsey County Library Board, subject to final review by the City Attorney.
Roll Call
Ayes: Roe; Ihlan; Johnson;
Pust; and Klausing.
Nays: None.
d.
Adopt a Resolution to Accept Public Recycling Bins from Ramsey
County
Johnson moved, Roe seconded,
adoption of Resolution No. 10844 entitled, “Resolution Accepting Public
Space Recycling Bins from Ramsey County (Attachment A);” accepting
public space recycling bins from Ramsey County.
Roll Call
Ayes: Roe; Ihlan; Johnson;
Pust; and Klausing.
Nays: None.
e.
Award Bids for Fuel System Leak Detection System Replacement
Johnson moved, Roe seconded,
acceptance of a bid from O’Day Equipment LLC in the amount of $850 for fuel
tank cleaning and the bid from Pump & Meter Services in the amount of
$10,210 for fuel system leak detection and a tank monitoring system.
Roll Call
Ayes: Roe; Ihlan; Johnson;
Pust; and Klausing.
Nays: None.
8. Consider Items Removed from Consent
9.
General Ordinances for adoption
a.
Consider Adoption of Repeat Nuisance Calls Ordinance
Community Development Director
Patrick Trudgeon briefly reviewed the substantive changes in the most recent
draft of the proposed ordinance following input from previous City Council
discussions, as detailed in the RCA dated September 20, 2010 (Attachment A).
Mayor Klausing expressed
appreciation to staff in their review and revision of the final document to
address previously-addressed City Council concerns in protecting victims of
crimes.
Pust moved, Ihlan seconded,
enactment of Ordinance No. 1396 entitled, “An Ordinance Adding Chapter 511
Establishing a Repeat Nuisance Service Call Fee and Adding a Repeat Nuisance
Service Call Fee to Section 314.05 (Attachment A).”
Roll Call
Ayes: Roe; Ihlan; Johnson;
Pust; and Klausing.
Nays: None.
Pust moved, Ihlan seconded,
enactment of Ordinance Summary No.1396 entitled, “An Ordinance Summary for
Amendments to Title 3 (Business Regulations) and Title 5 (Police Regulations)
of the Roseville City Code (Attachment B).”
Roll Call
Ayes: Roe; Ihlan; Johnson;
Pust; and Klausing.
Nays: None.
10.
Presentations
11.
Public Hearings
a.
Public Hearing for Assessments of the 2009 Roselawn Avenue City
Project (P-ST-SW-09-02)
Mayor Klausing introduced City
Project P-ST-SW-09-02: Roselawn Avenue Reconstruction between Hamline Avenue
and Victoria Street.
City Manager Malinen briefly noted
that this hearing was for the one project for consideration: City Project
P-ST-SW-09-02: Roselawn Avenue Reconstruction between Hamline Avenue and
Victoria Street., in accordance with and under the provisions of Minnesota
State Statute Chapter 429. City Manager Malinen advised that legal notices had
been published in the City’s Official Newspaper, the Roseville Review on
August 31, 2010; and mailed to individual affected property owners on September
1, 2010, with affidavits available on file related to those notices.
City Engineer Debra Bloom reviewed
the assessment process and assessment schedule; typical lot assessments and
unique situations within the project area affecting specific parcels; funding
sources for the project; a project financing summary project costs for the
Roselawn Avenue Reconstruction Project (Attachment A); and the preliminary
assessment roll for the project (Attachment C). Ms. Bloom noted that the term
for the assessments was 15 years at 6.5% interest to be collected by Ramsey
County with property taxes, or the option to pay upfront.
Ms. Bloom reviewed non-assessable
costs; reviewed the specifics of the project in street reconstruction, pathway
construction, replacement of watermain, and replacement of portions of the
sanitary sewer, as well as construction of rain gardens, for a total project
cost of $1,522,106.32, of which the total assessable cost was $990,436.71; with
total assessable footage of 7,009.32; and with an Assessment Rate for 25% of
the project at $38.55 per foot compared to the engineer’s estimate of $48.06 originally
presented in the feasibility report.
Mayor Klausing introduced opened
the Public Hearing at 7:27 p.m. for the purpose of hearing public comment.
Public
Comment
City Manager Malinen advised, for
the record, that staff had received no written objections to-date on the
proposed assessments.
Mayor Klausing closed the Public
Hearing at 7:27 p.m. with no one appearing for or against.
12.
Business Items (Action Items)
a.
Consider a Resolution Approving Assessments for the 2009 Roselawn
Avenue City Project (P-ST-SW-09-02)
Roe moved, Johnson seconded,
adoption of Resolution No. 10845 entitled, “Resolution Adopting and Confirming
2010 Assessments for City Project P-ST-SW-09-02: Roselawn Avenue Reconstruction
between Hamline Avenue and Victoria Street (Attachment B).”
Mayor Klausing commended staff on
the pathway construction, stating that “it looked great.”
Roll Call
Ayes: Roe; Ihlan; Johnson;
Pust; and Klausing.
Nays: None.
b.
Consider Request to Declare an Accessory Structure at 661 Cope a
Hazardous Building and to order its Repair or Removal
Permit Coordinator Munson reviewed
the request to declare an accessory structure (large garage) at 661 Cope Avenue
a Hazardous Building under City Code, Section 906.05.C and 407.02.J and K; with
this lot, including four adjacent lots, currently owned by Fred and Leah O’Neil
of 680 Lovell Avenue. Mr. Munson advised that there had numerous and ongoing
complaints, hazardous conditions, and City Code violations received by staff
repeatedly over the last 17 years. Mr. Munson advised that this accessory
structure is the only structure on this parcel; and that the conditions of the
building included inadequate exterior maintenance, with only minor cosmetic
repairs undertaken approximately six years ago, with the building continuing to
deteriorate.
Mr. Munson provided updated photos
of the subject parcel and structure, indicating a failing and non-weather-tight
roof; rotting roof boards, actually falling off the structure; boarded over
windows and doors; trim falling off the building; and paint severely weathered
and offering no protection.
Mr. Munson reviewed
characteristics constituting a hazardous building as detailed in the as
detailed in the Request for Council Action (RCA) dated September 20, 2010;
estimating demolition, legal and administrative costs to be approximately
$10,000.
Mr. Munson advised staff had been
in contact with the property owners in March and May of this year, and that the
intent of the owner, Mr. Fred O’Neill, III, was to demolish the building by the
end of this summer, but Mr. Munson noted that there had been no action to-date,
as indicated by the updated photos presented tonight. In most recent
conversations, Mr. Munson advised that Mr. O’Neill still anticipated demolition
yet this fall; and Mr. Munson noted that tonight’s requested action would take
that into account, while providing incentive for the demolition to occur
voluntarily by the property owner. Mr. Munson advised that the property owner
was not present at tonight’s meeting.
Staff recommended that the
Community Development Department be authorized to require property owners to
repair/remove hazardous conditions or raze the building, or for the City to
motion the Ramsey County District Court for summary enforcement.
Discussion included administrative
charges on a portion of the action; City Code standards related to how the lot
was left following voluntary demolition of the building by the property owner;
and possible hazardous materials stored in the building.
Roe moved, Pust seconded, adoption
of Resolution No.10846 entitled, “Declaring the Building Located at 661 Cope
Avenue as a hazardous Building and Requiring its Repair or Razing (Attachment
B).”
Roll Call
Ayes: Roe; Ihlan; Johnson;
Pust; and Klausing.
Nays: None.
c.
Consider City Abatement for an Unresolved Violation of City Code
at 2570 Charlotte Street
As previously noted, this item was
removed from the agenda.
d.
Consider City Abatement for an Unresolved Violation of City Code
at 2745 Hamline Avenue
As previously noted, this item was
removed from the agenda.
e.
Consider Amendments to the Comprehensive Plan and the Zoning
Designations of 70 (68 approved) Anomaly Properties and Rezone Accordingly
(PROJ0017)
Mayor Klausing thanked staff for
their reformatting and numbering the maps for easier reading.
City Planner Thomas Paschke
summarized the request by the Planning Division to amend the Comprehensive Plan
Land Use Designation for 70 anomaly properties in Roseville that were
incorrectly or inadvertently guided during the Comprehensive Plan Update
process; and to Rezone the same 70 properties accordingly; as detailed in the
RCA dated September 20, 2010.
Staff recommended that the City
Council approve Comprehensive Plan – Land Use Amendments for 68 anomaly
properties as indicated on the slides presented as part of the RCA; with the
rezoning of each parcel appearing on a revised Official Zoning Map to be
brought forward to the City Council for their final approval in October or
November of this year. Mr. Paschke noted the removal of two properties
identified on the map (page 34) that would remain Institutional rather than
amended to Low Density Residential at this time; as well as a vacant,
city-owned parcel at 2668 Lexington Avenue (Map – page 41) that will remain
High Density Residential rather than re-designated Right-of-Way. Mr. Paschke
further referenced a letter from the City Attorney, as well as Mr. Gunnar
Pettersen included in the materials.
Discussion included the property
on the map (page 5) and how it was split for Neighborhood Business and
Residential; and rationale for the property on page 34 remaining Institutional
and long-term interest by the School Board in acquiring that foreclosed parcel
for development.
Community Development Director
Patrick Trudgeon advised that the parcel would need to be rezoned accordingly;
and staff suggesting that the parcel remain single-family residential until the
foreclosure and ownership was sorted out; and perhaps return at a future date
for amendment if deemed advisable.
City Attorney Caroline
Bell-Beckman concurred with staff’s suggestion.
Councilmember Pust requested
clarification on the zoning in the previous Comprehensive Plan; and staff
researched that zoning. Councilmember Pust opined that the possible purchase
of the property by the School District should not be used as criteria.
Councilmember Ihlan expressed her
concern that properties (pages 48-59) previously guided as Park/Open Space
(POS) are proposed to be changed to Low Density Residential (LDR) with few
exceptions. Councilmember Ihlan specifically noted those properties around
Langton Lake and questioned existing Master Plan or future Master Plans contemplating
those parcels being potentially a part of Langton Park.
Parks and Recreation Director
Lonnie Brokke advised that the parcels around Langton Lake have been included
in previous Park master Plans and consistent with previous Comprehensive Plans;
and remained identified in the current Master Plan as potential acquisitions.
Councilmember Ihlan suggested that
those properties, needing further identification, remain POS and be removed
from consideration of this action.
Councilmember Ihlan further
questioned the rationale in other residential properties currently designated
POS being revised as LDR, even if they currently had a home on them, but were
guided for future POS.
Mr. Paschke noted that the POS
designation was created more recently, and that a number of the parcels being
revised were inconsistencies carried over from past Comprehensive Plans and
Zoning Districts, and had been guided incorrectly or never identified. Mr. Paschke
noted changed in State Law and whether the Comprehensive Plan or Zoning Code
controlled and guided uses; and current law for the Zoning Code and
Comprehensive Plan to be in conformity.
Councilmember Ihlan opined that
the properties should remain POS until and unless the property owner requested
an expansion of their homes or other improvements, at which time the City
Council could consider going forward for rezoning and/or land use designation
amendment at that time. Councilmember Ihlan spoke in opposition to changing
current land use designation from POS to Residential.
City Attorney Bell-Beckman noted
that those properties, based on changes in State Statute over the last ten
years, were in conflict, as they presently stood.
Mr. Trudgeon noted that the
parcels had been zoned single-family residential for a long time; but that the
distinction now was that, with parcels designated in the Comprehensive Plan as
POS but zoned as R-1, the parcels were now in conflict with State law and
needed to become consistent.
Mr. Paschke advised that the
ability to preserve POS for future use was not being taken away, but would be imbedded
in the Parks Master Plan within the Comprehensive Plan.
In responding to Councilmember
Ihlan’s concern in preserving parcels for future parks, Mayor Klausing observed
that the City would follow similar land acquisition steps as currently done;
further noting that acquisition of land around Langton Lake would be for a
pathway, and not require acquisition of entire parcels.
Further discussion included
parcels along County Road C and their zoning as Community Mixed Use and/or
Medium Density and their potential for future development.
Mr. Paschke provided a response on
staff’s research for Councilmember Pust’s previous query to clarify the zoning
in the previous Comprehensive Plan on the property on page 34; advising that in
the previous 1979/1980 Comprehensive Plan, the property showed Institutional
for the school site, but not those with single-family homes on them; with those
parcels guided LDR, and zoned R-1.
Mr. Trudgeon advised that in 2004,
the Comprehensive plan took precedence over zoning until changes to State law,
and opined that this discussion should have occurred at that time, rather than
waiting until now to correct them.
By consensus, and at the request
of staff, those two parcels (map – page 34) were removed from tonight’s
action; as well as the properties on Dale Street.
Staff provided a revised
Resolution (Attachment D) indicating those deleted parcels as a bench handout.
Further discussion included
potential development and right-of-way access locations.
Pust moved, Klausing seconded, adopted
Resolution No. 10847 entitled, “A Resolution Amending Roseville’s 2030
Comprehensive Plan – Land Use Map to Correct 68 Parcels (Attachment
D)” distributed as a bench handout, attached hereto and made a part
thereof; as amended and reducing parcels.
For the record, while supportive
of the majority of the amendments, Councilmember Ihlan noted that she would
vote in opposition to the motion, specifically due to inclusion of those
parcels previously noted on maps (pages 48-59), the lack of good policy
arguments and her objection to not continuing to designate those parcels as
POS.
Roll Call
Ayes: Roe; Johnson; Pust;
and Klausing.
Nays: Ihlan.
Motion carried/super majority
vote.
13.
Business Items – Presentations/Discussions
a.
Discussion of Proposed Minimum Lot Size Dimensions Ordinance
As previously noted, this item was
removed from the agenda.
b. New
Item – City Manager Evaluation
Councilmember Johnson requested
moving up the City Manager review for City Council decisions on the type of
survey to be used; proposed survey out after the December holidays; and review
completed by the end of January of 2011 to make it more current with the City
Manager’s anniversary date. Councilmember Johnson advised that the work
previously done on the survey by Councilmembers Roe and Pust, and Mayor
Klausing had been very exhaustive and helpful to the current process.
Councilmembers were supportive of
getting the review concurrent with the anniversary date; and on the proposed
timetable.
City Manager Malinen requested
involvement of all Councilmembers and Mayor Klausing to make this evaluation
more relevant.
Councilmember Ihlan left at this time – approximately 7:16 pm.
14.
City Manager Future Agenda Review
City Manager Malinen distributed
upcoming draft agenda items and briefly.
15.
Councilmember-Initiated Items for Future Meetings
16.
Adjourn
The meeting was
adjourned at approximately 7:17 pm.