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City Council

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







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.