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City Council Meeting Minutes
September 28, 2009
1. Call Roll
Mayor Klausing called to order the Roseville City Council regular meeting at approximately 6:10 pm and welcomed everyone.
(Voting and Seating Order for September: Roe; Pust; Ihlan; Johnson; and Klausing)
Mayor Klausing noted that Councilmember Roe had previously advised that he would be unavailable for tonight’s meeting.
Mayor Klausing noted that Councilmember Johnson was ill and unable to attend tonight’s meeting.
City Attorney Scott Anderson was also present.
2. Approve Agenda
By consensus, the agenda was approved as presented.
3. Public Comment
Mayor Klausing called for public comment by members of the audience on any non-agenda items.
a. Richard Martin, 2970 N. Mildred Dr.
Mr. Martin advised that his garage had recently burned down, and he was seeking a variance to rebuild the garage. Mr. Martin further stated that staff had advised that his case would not be heard before the City’s Variance Board until their November meeting, and asked if the City Council could expedite the approval any sooner to allow construction before winter.
Mayor Klausing and City Attorney Scott Anderson reviewed the process public notice requirements for variance hearings; in accordance with staff’s advice. Mr. Anderson advised that, if the garage were being built on the same footprint as the original, there would be no variance required; however, since Mr. Martin proposed to enlarge the garage beyond the original footprint that exceeded the maximum footages required by City Code, proper public notice, published and mailed to property owners within 350’ was required, and the first opportunity for hearing before the Variance Board following that notice would be at their November meeting. Mr. Anderson noted that variances were approved at the Variance Board level, and only appeals on denials were heard by the City Council.
Mr. Martin noted that both of his adjoining neighbors had similarly-sized structures.
Mayor Klausing clarified that Mr. Martin’s request was whether the case could be heard earlier, with the City Council responding negatively, based on notice requirements as indicated by City Attorney Anderson. Mayor Klausing asked that City Manager Malinen follow-up on that requirement, based on State Statute; and that City Attorney Anderson meet with Mr. Martin to clarify the process.
b. Brian Olson, 1592 Roselawn; Falcon Heights
Mr. Olson spoke to a press release he had seen in the Tuesday, September 22, 2009 edition of the Roseville Review, related to the Pegasus Award won by the City’s Communications Specialist Tim Pratt for his video, “Roseville Parks: The Benefits Are Endless.” Mr. Olson also provided, as a bench handout, an article from the September 26, 2009 edition of The Boston Globe, related to City officials and e-mails.
c. John Kysylyczyn, 3085 Victoria Street
Mr. Kysylyczyn spoke to a press release he had seen in the Tuesday, September 22, 2009 edition of the Roseville Review, related to the Pegasus Award won by the City’s Communications Specialist Tim Pratt for his video, “Roseville Parks: The Benefits Are Endless.”
4. Council Communications, Reports, Announcements and Housing and Redevelopment Authority (HRA) Report
Mayor Klausing noted that a Retirement Celebration would be held at City Hall on Wednesday, September 30, 2009 at 2:00 pm in honor of Police Chief Carol Sletner; and invited the public to attend.
5. Recognitions, Donations, Communications
6. Approve Minutes
a. Approve Minutes of September 21, 2009 Regular Meeting
Klausing moved, Pust seconded, approval of the minutes of the September 21, 2009 Regular Meeting as amended.
§ Page 1, Line 36 (Klausing)
Correct last sentence to read, “No one spoke.”
Ayes: Pust; Ihlan; and Klausing.
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
Pust moved, Ihlan seconded, approval of the following claims and payments as presented.
56413 – 56464
b. Approve One-day Gambling License for St. Rose of Lima, 2072 Hamline Avenue N, to conduct Bingo on November 15, 2009
Pust moved, Ihlan seconded, approval of the request of St. Rose of Lima Church to conduct bingo on November 15, 2009 at St. Rose Catholic School, located at 2072 Hamline Avenue N.
c. Approve Northwest Youth and Family Services Contract
Pust moved, Ihlan seconded, approval of a five year contract between the City of Roseville and Northwest Youth and Family Services (NYFS) providing annual increases based on the Consumer Price Index (CPI) rather than the Implicit Price Deflector (IPD), with annual increases not to exceed three percent; and no increase in 2010 over 2009 rates.
d. Set Public Hearing on October 19, 2009 for an Off-Sale 3.2% Beer License for Amarose Convenience Store, 1595 West Highway 36, #245, Roseville, MN
Pust moved, Ihlan seconded, scheduling a public hearing for Off-Sale 3.2% Beer License for Amarose Convenience Store, located at 1595 West Highway 36, #245, to be held on October 19, 2009.
8. Consider Items Removed from Consent
9. General Ordinances for Adoption
a. Joint Meeting with the Human Rights Commission
Representatives of the Human Rights Commission (HRC) present included: Chair David Singleton and Commissioners Peg Kennedy, Barbara Yates, Gary Grefenberg, Marie Oftelie, Liz Jaeger, and Thelma McKenzie.
Chair Singleton reviewed activities of the HRC since their last joint meeting with the City Council:
§ Planning and sponsoring a second annual Community Diversity Forum scheduled for October;
§ Expanded HRC charge and role, encouraging more personal contact with community
§ Coordination of the annual Essay Contest for Grades 6 – 8 with 240 participants in 2009; and the First Place Winner for Roseville, going on to place Second in state-wide competition
§ Application for and receipt of a Bremer Foundation Human Rights grant in the amount of $1500, to be used for HRC board training and development scheduled in November. Chair Singleton expressed appreciation, on behalf of the HRC, of City staff’s responsiveness to the HRC’s needs.
§ Reviewed policies and potential creation of a Civilian Review Board and made subsequent recommendations.
Chair Singleton noted the three proposed initiatives included in the HRC’s Amended Strategic Plan currently being undertaken.
Mayor Klausing noted that the upcoming Community Diversity Forum would be held at the OVAL on October 27, 2009 at 6:00 p.m. Mayor Klausing expressed his appreciation for the annual Essay Contest, and involvement of the community’s youth.
Discussion included the rationale and need for the upcoming training, with new commissioners on board, and to review procedures to achieve community outreach purposes.
Mayor Klausing asked that the HRC advised the City Council on how that training worked; and whether it would be advantageous for other advisory commissions within the City, speaking in support of training opportunities to develop skill sets.
Councilmember Pust sought additional information from the HRC on a Youth Commissioner to the HRC.
Chair Singleton advised that involving youth in human rights activities and issues within the government framework was part of the HRC charge; and concurred that the level of education expressed in the Essays was outstanding, and that the youth perspective was a necessary component of what the HRC was charged to accomplish.
Further discussion included application for the Bremer Grant; and any additional funding sources that may be available to assist the HRC.
Councilmember Ihlan sought additional information on development of future programs and recommendations to the City Council on developing neighborhood groups.
Commissioner Oftelie advised that the HRC was attempting to build on the first successful Community Forum, and how that could feed into neighborhoods by facilitating contacts and being more welcome.
Commissioner McKenzie advised that, in expanding the Imagine Roseville 2025 community visioning process, the HRC hoped to get into neighborhoods and to continue making the community more welcoming. Commissioner McKenzie noted that there were some events that indicated that Roseville was not a welcoming community; however, fortunately those actions were limited; and the HRC was encouraged to be proactive in encouraging a sense of belonging and effective citizen engagement, by getting to know your neighbors. Commissioner McKenzie opined that change happened incrementally.
Commissioner Kennedy noted that the HRC vision was to bring those partnerships into neighborhoods and beyond the community. Commissioner Kennedy noted that representatives of the Karen community would be involved in this upcoming Forum, and would serve to expand the demographic changes being felt in Roseville at this time.
Mayor Klausing encouraged the HRC in their community-wide events, but concurred that taking it to a neighborhood level was necessary, and expressed interest in how that worked out at a neighborhood level.
Further discussion included the HRC’s proposal to tape HRC meetings for broadcast on Channel 16 as a way to involve more of the community and increase awareness; upcoming training to make the HRC more effective in their meeting time and processes; how to foster community involvement within the community and in their local government; and planning and sponsorship of this year’s forum from other agencies (i.e., Rotary, School District, Roseville Visitor’s Association) and other community businesses and anticipated further evolvement.
Councilmember Pust asked what the City Council could do to assist the HRC.
Commissioner McKenzie responded, “Help us identify neighborhoods.”
Commissioner Grefenberg asked if the HRC had interpreted the City Council’s mandate to the HRC with their Strategic Plan.
Mayor Klausing read the statement for benefit of the public; and opined that it was very comprehensive to what the City Council had in mind; in attempting to make connections for new residents and those not currently connected, including those from different countries and/or cultures; in engaging people, as identified by the HRC’s Strategic Plan.
Councilmember Ihlan expressed her enthusiasm for fostering civic involvement, not just for new residents, but for all citizens.
Councilmember Pust suggested that the HRC include the City’s Housing and Redevelopment Authority (HRA), specifically the welcome packet for new residents, providing HRC input.
Commissioner Kennedy noted that the HRC could also assist in having the welcoming packet translated as necessary.
Mayor Klausing spoke in support of broadcasting future HRC meetings as an effective outreach and to engage the community, while receiving feedback. Mayor Klausing also encouraged the HRC to provide information on their training and development to other advisory commissions for their involvement as applicable.
Chair Singleton thanked the City Council for their receptiveness to the HRC’s recommendations, and for their support.
Mayor Klausing again expressed his appreciation for the City’s advisory commissioners, especially their expertise and engagement in the community and their role on their specific advisory commission; and opined that his support for the various groups expressed his confidence in the quality of their work.
Councilmember Pust thanked the HRC for their leadership and accomplishments over the last year.
11. Public Hearings
a. Public Hearing for On-Sale Wine and On-Sale 3.2% Liquor License for Szechuan, Inc.
Finance Director Chris Miller summarized the Request for Council Action dated September 28, 2009, for application of an On-Sale Wine and On-Sale 3.2% Liquor License for Szechuan, Inc., at 2193 Snelling Avenue N. Mr. Miller recommended approval, advising that all paperwork was in order.
The applicant was present at tonight’s meeting.
Mayor Klausing opened and closed the Public Hearing at 6:55 p.m. to receive public comment on the proposed On-Sale Wine and On-Sale 3.2% Liquor License for Szechuan, Inc. No one spoke.
b. Public Hearing for Off-Sale Intoxicating Liquor License for Network Liquors, LLC
Finance Director Chris Miller summarized the Request for Council Action dated September 28, 2009, for application for transfer of ownership for Network Liquors LLC for Off-Sale Intoxicating Liquor at 2727 Lexington Avenue. Mr. Miller recommended approval, advising that all paperwork was in order.
The applicant and new owners, Rod and Mary Rathburn, were present, and advised that they, and their staff, had all participated in the computerized testing and training through the MLBA, with the Chief of Police having approved the training in their application packet. Mr. Rathburn expressed his interest in continuing this successful business.
Mayor Klausing opened and closed the Public Hearing at 6:58 p.m. to receive public comment on the proposed Off-Sale Intoxicating Liquor License for Network Liquors, LLC., 2727 Lexington Avenue. No one spoke.
Mayor Klausing, on behalf of the community and City Council, wished the Rathburn’s success in their business venture.
12. Business Items (Action Items)
a. Approve Off-Sale Intoxicating Liquor License for Network Liquors LLC
Pust moved, Ihlan seconded, approval of the Off-Sale Intoxicating Liquor License, for Network Liquors, LLC, located at 2727 Lexington Avenue, for the period of one year.
b. Approve On-Sale Wine and On-Sale 3.2% Liquor License for Szechuan, Inc.
Pust moved, Ihlan seconded, approval of the On-Sale Wine and 3.2% Malt Liquor License for Szechuan, Inc., located at 2193 Snelling Avenue, for the period of one year.
12. e. Approve a Memorandum of Understanding with Aeon Pertaining to Tax Increment Financing and Sienna Green, Phase II
Economic Development Associate Jamie Radel summarized the Request for Council Action dated September 28, 2009, for approval of a Memorandum of Understanding (MOU) between the City of Roseville and Aeon pertaining to Tax Increment Financing and the Sienna Green, Phase II, Project.
Ms. Radel noted that this is to facilitate Aeon’s application to the Minnesota Housing Finance Agency (MHFA) for affordable housing tax credits, premature to entering into a Development Agreement until they receive financing was received; and the actual gap in that financing has been determined as it relates to Tax Increment Financing (TIF) District No. 18. Ms. Radel advised that this MOU would demonstrate the City’s commitment to Aeon.
Councilmember Ihlan sought clarification, confirmed by staff, that the MOU would not have specific conditions related to public policy reasons for granting TIF funding; and pending whether that subsidy is subsequently approved; and recognizing that enforceable affordable housing expectations will need to be included in any future Development Agreement.
Pust moved, Ihlan seconded, approval of a Memorandum of understanding as presented and identified as Attachment A to the Request for Council Action dated September 28, 2009; between the City of Roseville and Aeon, pertaining to the use of tax increment financing (TIF) and the negotiation of a future development agreement when one becomes appropriate for the Sienna Green Phase II project.
12. d. Approve City Abatement for Unresolved Violations of City Code at 2558
Permit Coordinator Munson reviewed the request for abatement as detailed in the staff report dated September 28, 2009; providing a visual update on the property as of today of this vacant, single-family home previously used as a rental property. Mr. Munson advised that the current owner is Mr. Nam T. Nguyen, a resident at 1880 Snelling Avenue in Roseville.
Mr. Munson summarized the proposed abatement, consisting of removal and disposal of all dead brush, junk and debris on the property, at a cost estimated at $300; and securing all openings on the property, at a cost estimated at $250; for a total abatement cost of $550.
Staff recommended that the Community Development Department be authorized to abate the public nuisance violations at 2558 Fairview Avenue.
Discussion included how the complaint originated through the City’s privately-contracted lawn mower over the summer months; length of noncompliance of approximately three months; staff’s rationale in processing the abatement based on the property being in foreclosure and non-responsiveness of the current owners; and the abatement action process and judgment against the property.
City Attorney Anderson reviewed the special assessment process, per State Statute, and notice to potential purchasers and/or banks, and their obligation to pay the assessment, whether recorded at the time of purchase or not.
Klausing moved, Pust seconded, directing staff to abate the above-referenced public nuisance violation(s) at 2558 Fairview Avenue; by hiring a general contractor to remove and dispose of all dead vegetation, junk and debris from the yard, and to secure the building from entry, as detailed in Request for Council Action dated September 28, 2009, at an estimated cost of approximately $550; and further directing that the property owner be billed for all actual and administrative costs; and if those charges remain unpaid, staff is to recover costs as specified in Minnesota Statute, Section 407.07B; with costs to be reported to the City Council following the abatement.
12. c. Accept $400,032 Recovery Act Justice Assistance Grant
Police Chief Carol Sletner expressed her excitement in reporting funding of the Recovery Act Justice Assistance Grant for the City’s Police Department, in the amount of $400,032, as detailed in the Request for Council Action dated September 28, 2009. Chief Sletner recognized the commitment of Captain Rick Mathwig and Police Services Manager Karen Rubey, in their work on this grant application, and commended them for their work, based on best practices methods.
Mayor Klausing noted that there was not a City match required for the funds.
Klausing moved, Ihlan seconded, approval for the Police Department to accept funding that covers the full cost for the purchase of a Records Management System (RMS)/Wireless Report Writing (WRW) package from the Minnesota Office of Justice Programs (OJP) through the American Recovery and Reinvestment Act; with the system fully meeting the needs of the department and the community, in the amount of $400,032, with no City match required.
Mayor Klausing reiterated his announcement related to the Retirement Party for Chief Sletner; and briefly reviewed her employment history with the City of Roseville’s Police Department over the last 27 years. Mayor Klausing expressed his pleasure in having served with Chief Sletner, and on behalf of himself, the community, staff and the City Council, wished her the best in her retirement.
City Manager Malinen echoed Mayor Klausing’s comments and sentiments; and announced that Captain Mathwig would be serving as the City’s Acting Police Chief upon Chief Sletner’s retirement.
12. f. Appoint Housing and Redevelopment Authority Board Members
Mayor Klausing provided, as a bench handout, his recommendations for appointment to HRA vacancies.
Pust moved, Ihlan seconded, adoption of Resolution No. 10755 entitled, “Resolution Approving Mayor’s Appointment of Vicky Lee, to the Housing and Redevelopment Authority in and for the City of Roseville to fill an unexpired term;” with a term expiring September 23, 2013; and adoption of Resolution No. 10756 entitled, “Resolution Approving Mayor’s Appointment of Kelly Quam, to the Housing and Redevelopment Authority in and for the City of Roseville for a term to expiring September 23, 2014.”
Mayor Klausing thanked all of the applicants for these vacancies, and encouraged them to apply again for future openings and to continue to be active in the community.
13. Business Items – Presentations/Discussions
a. Receive Additional Information on the Budgeting for Outcomes (BFO) Process and the Springsted Report
Finance Director Chris Miller advised that Springsted representatives were en route to the meeting at this time.
Noting the absence of Councilmember Johnson; and the fact that Springsted representatives had not yet arrived; by consensus, the City Council deferred this item to a future meeting.
14. City Manager Future Agenda Review
City Manager Malinen indicated there were no changes since last meeting.
15. Councilmember-Initiated Items for Future Meetings
The meeting was adjourned at approximately 7:25 pm.