City
Council Meeting Minutes
September 27, 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 Charles Bartholdi was also present. Mayor Klausing
announced that Councilmember Johnson was out of town on business and would be
unable to attend tonight’s meeting.
2.
Approve Agenda
Mayor Klausing noted that an
additional Public Hearing would be held added under Agenda Item 11, regarding
Minor Subdivision Creating Three Residential Parcels from the Two Existing
Parcels at 3077 and 3091 Fairview Avenue (PF07-054).”
At the request of Councilmember
Ihlan, City Attorney Bartholdi explained the reason that a Public Hearing would
be held tonight for that specific Minor Subdivision item, and not for Action
Item 12.j, since a Public Hearing had previously been held for that item in
June of this year.
Councilmember Roe suggested that
the Action Item be considered immediately following the Public Hearing for that
Minor Subdivision while discussion was fresh in everyone’s minds.
Councilmembers concurred; and by consensus, the amended agenda
was approved as further amended.
3. Public Comment
Mayor Klausing called for public
comment by members of the audience on any non-agenda items.
a. Tam McGehee, 77 Mid
Oaks Lane
Ms. McGehee was present to address
and read her written comments regarding the proposed asphalt plant by
Bituminous Roadways at 2280 Walnut Street in Roseville and the ongoing
Environmental Assessment Worksheet (EAW) by the Minnesota Pollution Control
Agency (MPCA). General misconceptions appearing in an article in today’s
edition of the Minneapolis Star Tribune and quotes and assertions by
Mayor Klausing appearing in that article. Ms. McGehee read applicable portions
of City Code regarding Conditional Use Permits in considering this property,
related to traffic, market values of adjacent properties, general health and
welfare safety standards, and compatibility with the City’s Comprehensive
Plan. Ms. McGehee opined that there were numerous nuisance and pollution issues
of concern. As the instigator of the petition by concerned residents through
the Friends of Twin Lakes, Ms. McGehee requested a more thorough review of
environmental issues, and quoted applicable standards of State Rules related to
the environmental review process; or immediate refusal of the permit
application for a CUP based on environmental and CUP criteria
Ms. McGehee suggested that in
light of rumors about lawsuits, may look to quality and quantity of those lawsuits
if those lawsuits move forward and related costs; and provided her written
comments for the record, attached hereto and made a part thereof.
Steve Arnenson, President and
CEO of Old Dutch Foods
Mr. Arnenson noted that the
proposed asphalt plant would be located directly across the street from their
plant and disputed claims of Bituminous Roadways that their fumes and odors
would be contained. Mr. Arnenson noted that the substantial risks to their
business could be devastating. 651/633-8810
Gretchen Ternus, 2328 Terminal
Road, Building Owner
Spoken to other business owners on
Terminal Road; amount of money involved; attended MPCA meeting; amount of money
study has cost the State of MN; money down the drain; if something no one wants
and getting nothing in concern, don’t see why City Council is for it and ask
that they go away
Mayor Klausing assured Ms. Ternus that
there was currently nothing before the City Council regarding the Conditional
Use Permit (CUP) for outdoor storage at the proposed asphalt plant until
finalization of the MPCA’s environmental assessment, based on current ordinance
and reliance on the City’s legal counsel indicating that such a manufacturing
use was permitted under a CUP in the Industrial Zone. Mayor Klausing further
clarified that the City may reconsider the suspended application for outdoor storage
if and when it came back before the City Council.
Ms. Ternus requested that the City
Council consider the rights of long-term existing businesses in that area over
and above that of a new incoming business to the community; and to consider the
impacts on their tenants from such proposed asphalt plant under current
economic conditions.
Councilmember Roe noted that this
was not the last opportunity the public would have to speak before the City
Council and made people aware of notices for future meetings.
Councilmember Ihlan suggested
several items for future Council discussion on future agendas based on public
comment heart to-date and provisions of the EQB rules referenced during Ms.
McGehee’s comments and the basis for a potential denial of the CUP request.
4.
Council Communications, Reports, Announcements and Housing and
Redevelopment Authority (HRA) Report
Councilmember Roe announced that
the annual Fire Department Booya was scheduled for Sunday, October 3, 2010 at
10:00 am at Fire Station No. 1.
5. Recognitions,
Donations, Communications
6. Approve Minutes
a.
Approve Minutes of September 20, 2010 Regular Meeting
Pust moved, Klausing seconded,
approval of the minutes of the September 20, 2010 Regular meeting as presented.
Roll Call
Ayes: Roe; Ihlan; 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
Pust moved, Ihlan seconded,
approval of the following claims and payments as presented.
|
ACH Payments
|
$362,819.16
|
|
60054-60152
|
251,461.75
|
|
Total
|
$614,280.91
|
Roll Call
Ayes: Roe; Ihlan; Pust; and
Klausing.
Nays: None.
b.
Set a Public Hearing for transfer of Ownership for Roseville Wine
& Spirits, LLC d/b/a Snelling Liquors application for Off-Sale Intoxicating
Liquor License
Pust moved, Ihlan seconded,
setting a public hearing for Off-Sale Intoxicating Liquor License for Roseville
Wine & Spirits, LLC, d/b/a Snelling Liquors, to be held on October 11,
2010.
Roll Call
Ayes: Roe; Ihlan; Pust; and
Klausing.
Nays: None.
c.
Appoint Election Judges and Authorize City Manager to Appoint, if
Needed
Pust moved, Ihlan seconded,
approval of the election judges to work at the November 2, 2010 General
Election and authorizing the City Manager to appoint additional judges if the
need arises, with judges listed on Attachment A of the Request for Council
Action dated September 27, 2010.
Roll Call
Ayes: Roe; Ihlan; Pust; and
Klausing.
Nays: None.
d.
Receive Imagine Roseville 2025 Update
Pust moved, Ihlan seconded,
receipt of the September 2010 Quarterly Update of the Imagine Roseville 2025
Medium and Long-Term Goals as presented.
Roll Call
Ayes: Roe; Ihlan; Pust; and
Klausing.
Nays: None.
e.
Receive Shared Services Report
Pust moved, Ihlan seconded,
receipt of the September 2010 Quarterly Shared Services Update as presented.
Roll Call
Ayes: Roe; Ihlan; Pust; and
Klausing.
Nays: None.
f.
Receive Grant Application Report
Pust moved, Ihlan seconded,
receipt of the Quarterly report of City Grant Applications as presented.
Roll Call
Ayes: Roe; Ihlan; Pust; and
Klausing.
Nays: None.
g.
Approve new Metropolitan Council Section 8 Assistance Program
Contract for Housing Inspection Services
Pust moved, Ihlan seconded,
approval of the contract for Metropolitan Council Section 8 Housing Assistance
Program (Attachment A) between the City of Roseville and the Metropolitan
Council, for the City to perform Section 8 Housing Assistance Program
inspection services for the Metropolitan Council.
Roll Call
Ayes: Roe; Ihlan; Pust; and
Klausing.
Nays: None.
8. Consider Items Removed from Consent
9.
General Ordinances for adoption
10.
Presentations
a. Parks and Recreation
System Master Plan Draft Review and Comment
Parks and Recreation Director
Lonnie Brokke introduced the presentation of Draft #2 of the Parks and
Recreation Master Plan dated September 15, 2010; and participants in the
process and available for tonight’s presentation. Mr. Brokke thanked those participants:
the 28 member Citizen Advisory Team (CAT); Technical Advisory Team (TAT)
consisting of representatives of Ramsey County, both School Districts, the
three Watershed Districts; City Department Heads and support staff; and
consultants for their comprehensive work; in addition to the involvement of
various cultural, community, athletic and band groups; as well as the
involvement of adjacent community representatives.
Consultant Michael Schroeder,
LHB Inc.
Mr. Schroeder presented a status
report on the project including an overview summarizing key directions of the
plan; a description of the process; system analysis; the organizational
structure of the parks and recreation system; general policy and intended
outcomes; details that supported the master plan and depict the conditions of
the current system; and appendices with supporting information.
Mr. Schroeder anticipated that a
copy would be available by the end of this week for public review over the next
month, followed by further refinement based on those public comments and observations.
Mr. Schroeder noted that community engagement was a hallmark of the process
itself, as well as previous planning efforts offering a solid foundation for this
plan.
Mr. Schroeder reviewed the process
itself built on a vision, recognizing that details make sense in the context of
compelling ideas; and conditions identified through input provided and investigations;
and organizational ideas or “constellation concepts” and sector patterns posed
as a way of delivering services to specific neighborhoods.
Mr. Schroeder reviewed goals,
policies and outcomes crafted to offer additional guidance; initial ideas for
concept plans; qualitative input for what people wanted in the system; staff
interaction with the consultants to reflect and capture their work; and a resulting
plan for guiding the City’s parks and recreation system over and possibly
beyond the next twenty (20) years.
Some of the recurring themes based
on community input included the repeated desire for well-cared-for existing
improvements; connectivity via trails, paths and sidewalks; a community center;
aquatics facility; areas for open play; meeting rooms; and preservation and
restoration of natural resources. Mr. Schroeder noted preferred outcomes for
parks and recreation facilities and future benchmarks – some current and some
available in the future - to gauge programs and redirecting attention toward
achieving outcomes.
Key recommendations addressed by
Mr. Schroeder included a review of capital and operating expenditures related
to maintaining parks and facilities, and confirming those items requiring
immediate attention; pursuit of constellations and sectors as a means of
delivering parks and recreation components and services to neighborhoods and
quadrants of the community; establishment of benchmarks for parks and
recreation programs; services and special events tied to master plan outcomes
and review programs; and offering services and special events using those
benchmarks to ensure community interests are being satisfied and progress
toward the outcomes is being achieved.
Mr. Schroeder further addressed
benchmarks as a way of assessing progress toward outcomes; benchmarks proposed
as a way of gauging progress and redirecting attention toward achieving
outcomes; and formulizing benchmarks that will take at least a year and some
will take longer to fairly recognize conditions that may vary from year to year.
Mr. Schroeder opined that constellations
and sectors would provide a natural evolution of the 1960’s master plan using
patterns for parks and neighborhoods to create a parks and facilities framework
by organizing the system on a neighborhood basis, using walkable distances and
a service framework that locates parks and recreation opportunities proximate
to residents. Mr. Schroeder briefly reviewed the four broad geographic sectors
and 15 constellations that recognized other types of and adjacent
jurisdictional parks, as well as park classifications.
Mr. Schroeder identified six parks
geographically distributed within the community, with most needing capital
improvements; and based on neighborhood focus tests, those parks were identified
as: Villa Park; Autumn Grove Park; Sandcastle Park; Rosebrook Park; Oasis Park
and Pocahontas Park, at which a test of the constellation process was conducted
based on their orientation to a neighborhood and the community.
Mr. Schroeder noted that lack of park facilities in the southwestern portion of
Roseville; however, noted the proximity of that area to park resources in Lauderdale
and Falcon Heights, and potential cooperative and connectivity strategies that
could be utilized and supported in concept by both of those communities.
Further items highlighted by Mr.
Schroeder for further consideration included better short and long-term visibility
and educational opportunities for the Harriet Alexander Nature Center (HANC); a
review of existing and potential athletic fields; a potential community center
and how it would fit into the planning process and consideration of possible
locations, with a strong community interest in locating a community center in the
vicinity of the City Campus.
Mr. Schroeder noted that the park
and recreation system is seen by residents as an essential service in the
Roseville community.
Mr. Schroeder briefly reviewed implementation
directions; referendum proposals; cost estimates; implantation strategy with final
cost estimates and projections from small to large scale; and the interest of
the existing CAT in seeing a similar process move forward as implementation
strategies are imposed, including a community survey.
Mr. Schroeder reviewed the next
steps, with the CAT unanimously agreeing that the next steps are critical to
their goals of improving the system, and urged a thoughtful and comprehensive
assessment of implementation methods; with many members of the CAT expressing interest
in continuing their efforts as implementation strategies are formulated; with
that process scheduled to begin this fall with recommendations proposed by the spring
of 2011. Mr. Schroeder advised that a statistically-valid survey is likely to
be a component of the next phase of planning
Mayor Klausing thanked all
participants involved in the process of this comprehensive look at the City’s park
and recreation system; opining that the report was a lot to digest.
Discussion among Mr. Schroeder,
Mr. Brokke and Councilmembers included specifics and practicalities of linking various
facilities and their functions in concern with the City’s Public Works Department
to create a circuit, possibly as simple as signage or sidewalks, or other
public improvements, evidenced by each park’s planning worksheet, an example of
which was included in the Appendix.
Further discussion included
potential future referendum; statistically valid survey proposed for February
of 2011, not currently included in the proposed 2011 budget; potential costs
for implementation; and sector worksheets included in the Appendix identifying components
anticipated in each sector and constellation.
Mayor Klausing requested that page
numbers be incorporated into the next draft; and Councilmember Roe requested
that the color code keys be included on each page for easier navigation in
future drafts.
Additional discussion included how
involved adjacent neighbors were in the process depending on their location and
the multiple opportunities provided for receiving their input; and repeated
comments that the City maintains existing facilities.
Mr. Brokke advised that additional
public comment was anticipated between now and November 1, 2010, once the draft
plan was available on line and at park and recreation facilities, as well as
City Hall; with the Parks and Recreation Commission considering and possibly
incorporating those comments in their final review and recommendation to the
City Council for formal adoption at the November 15, 2010 City Council meeting.
Mayor Klausing thanked Mr.
Schroeder and staff for tonight’s presentation.
Communications
Mayor Klausing announced the
upcoming annual Community Dialogue hosted by the City’s Human Rights Commission
on Monday, October 25, 2010 from 5:30 – 9:00 p.m. at the Roseville Skating
Center. Mayor Klausing noted that the event was free, but pre-registration was
required on the City website at human.rights.ci.roseville.mn.us or by calling
City Hall before October 22, 2010.
11.
Public Hearings
a.
Public Hearing for Solem Management, LLC’s (d/b/a Café Zia)
Application for a Wine and 3.2% Liquor License
Finance Director Chris Miller
briefly summarized the application of Solem Management, LLC, d/b/a Café Zia for
a Wine and 3.2% Liquor License at 2723 Lexington Avenue as detailed in the Request
for Council Action dated September 27, 2010.
Mayor Klausing opened and closed the
Public Hearing at 7:25 p.m. for the purpose of hearing public comment on Solem
Management, LLC’s (d/b/a Café Zia) Application for a Wine and 3.2% Liquor
License, with no one appearing for against.
The applicant was present, but had
no comment.
12.
Business Items (Action Items)
a.
Consider Solem Management, LLC’s (d/b/a Café Zia) Application for
a Wine and 3.2% Liquor License
Pust moved, Ihlan seconded,
approval of the application request by Café Zia, 2723 Lexington Avenue, for a
Wine and 3.2% Liquor License
Roll Call
Ayes: Roe; Ihlan; Pust; and
Klausing.
Nays: None.
11. Public Hearings
b.
Public Hearing for Apple MN LLC’s (Applebee’s Neighborhood Grill
and Bar) Application for On-Sale and Sunday Intoxicating Liquor License
Finance Director Chris Miller briefly
summarized the request of apple Minnesota, LLC, d/b/a Applebee’s Neighborhood
Grill and Bar for an On-Sale and Sunday Intoxicating Liquor License at 1893
West Highway 36 due to a recent ownership change, as detailed in the RCA dated
September 27, 2010.
Mayor Klausing opened and closed the
Public Hearing at 7:27 p.m. for the purpose of hearing public comment on Apple
MN LLC’s (Applebee’s Neighborhood Grill and Bar) Application for On-Sale and
Sunday Intoxicating Liquor License; with no one appearing for or against.
The applicant was present but had
no comment.
i.
Business Items (Action Items)
b. Consider Apple MN
LLC’s (Applebee’s Neighborhood Grill and Bar) Application for On-Sale and
Sunday Intoxicating Liquor License
Roe moved, Pust seconded, approval
of the application request by Apple Minnesota, LLC, d/b/a Applebee’s
Neighborhood Grill and Bar, 1893 West Highway 36, for an On-Sale and Sunday Intoxicating
Liquor License.
Roll Call
Ayes: Roe; Ihlan; Pust; and
Klausing.
Nays: None.
11. Public Hearings
c.
Public Hearing to Consider a Minor Subdivision Creating Three
Residential Parcels from the Two Existing Parcels at 3077 and 3091 Fairview
Avenue (PF07-054)
Community
Development Director Patrick Trudgeon briefly summarized the request of the
applicant for approval of a MINOR SUBDIVISION creating one additional
residential parcel out of two (2) existing parcels, as detailed in the RCA
dated September 27, 2010. Mr. Trudgeon noted that the request was previously
approved by the City Council in September of 2007, but that the applicant
didn’t record the actual plat, and given recent interest in those lots, the
applicant would like to proceed with the subdivision, requiring completion of
the application process again, including tonight’s public hearing.
Mayor Klausing opened and closed the
Public Hearing at 7:33 p.m. for the purpose of hearing public comment on consideration
of a Minor Subdivision Creating Three Residential Parcels from the Two Existing
Parcels at 3077 and 3091 Fairview Avenue (PF07-054); with no one appearing for
or against.
The applicant was present but had
no comment.
12.
Business Items (Action Items)
i. Consider a Minor
Subdivision Creating Three Residential Parcels from the
Two Existing Parcels at 3077 and
3091 Fairview Avenue (PF07-054)
In a bench handout, attached
hereto and made a part thereof, Mr. Trudgeon noted the revised
conditions as follows, addressing the applicant’s intent to incorporate the
existing garage structure into the new development, or staff’s recommendation
that it be razed, with staff’s first “Condition A” in the staff report
stricken, and replaced as follows:
Discussion among staff and
Councilmembers including clarifying conditions; rationale for the revised
condition for pulling a permit by a date certain for resolution in the near future
to avoid creating a nonconformity.
Klausing moved, Pust seconded,
approval of the MINOR SUBDIVISION at 3077-3091 Fairview Avenue, based on comments
and findings of Sections 4 and 5 and the revised recommendations
of Section 6 of the Request for Council Action dated September 27, 2010,
creating a total of three (3) conforming parcels, pursuant to Roseville City
Code, Section 1004.04 (Minor Subdivisions) subject to the following revised
conditions:
a) A
building permit shall be issued for the middle lot by July 1, 2011; failure by
the applicant to do so will require the applicant to remove the garage on the
middle lot by November 1, 2011,
b) The
applicant shall enter into an encroachment agreement covering the portion of
the existing accessory structure that would stand within the required
utility-drainage easement..
In reviewing her previous voting
record on this item in 2007, Councilmember Ihlan noted that she supported the application
at that time, based on the lots being relatively large and comparable in size
to the surrounding neighborhood, and no requirement to create private streets
or cul-de-sacs; and advised that she would support the application tonight
based on those same reasons.
Roll Call
Ayes: Roe; Ihlan; Pust; and
Klausing.
Nays: None.
12. Business Items (Action Items)
a.
Consider Recycling Services Contract
Recycling Coordinator Tim Pratt
summarized the recommended renewal of the curbside recycling program contract
and development of the Request for Proposals (RFP) and scoring by the entire
review team using the Best Overall Value Contracting process followed, as
detailed in the RCA dated September 27, 2010, and .
Discussion included involvement of
R. W. Beck in the review process through a competitive process used by Ramsey
County with no involvement by the firm in any of the bidders for the City; net
cost of $170,000 more than current contract; expiration of existing contract at
the end of 2010 and new contract initiated January 1, 2011; and lack of
inclusion in the packet of Attachment C entitled, “Summary of Financial
Analysis.”
City manager Malinen provided
Attachment C as a bench handout, attached hereto and made a part thereof,
that Mr. Pratt then reviewed.
Further discussion included
recycling market revenues now and projected in the proposed new contract;
nature of the new recycle bank program and lack of quantifiable results and
review of data; review of the process itself; decision-making on the net low
cost; alternative bids submitted by several firms; and criteria in determining
the bidding process.
Klausing moved, Ihlan seconded,
awarding a three year recycling services contract to Eureka Recycling as
presented, and authorizing staff to negotiate a final contract.
Roll Call
Ayes: Roe; Ihlan; Pust; and
Klausing.
Nays: None.
b.
Consider Community Survey
Communications Specialist Tim
Pratt briefly summarized consideration of a scientific community survey in
addition to a web survey to assess citizen satisfaction as detailed in the RCA
dated September 27, 2010; and identification of the firm of Cobalt Community
Research.
Discussion included current
economics and whether a community survey is viable at this time; citizen survey
removed from the 2009 budget, but included in 2010 budget and staff rationale
for including it and previous City Council votes; and survey included in
Communication Budget as a non-levy item.
Councilmember Roe reviewed recent
budgets and spoke in support of the survey.
Councilmember Ihlan opined that it
didn’t make sense to do a community survey as well as a park survey as
previously discussed; and questioned if it was possible to combine the two it
would only be one expenditure/survey; which she may then support under that
condition.
City Manager Malinen advised that
he would discuss a potential combination of surveys with Parks and Recreation
Director Lonnie Brokke; and timing of either or both surveys; with six weeks
anticipated for the Community Survey process.
Mayor Klausing suggested that this
item be tabled to a future meeting when further information was available.
Councilmember Roe opined that the
survey could be delayed to 2011, or to complete the survey in two stages.
Councilmember Pust expressed
discomfort in delaying action based on whether a full Council was present.
c.
Consider City Abatement for City Code Violations at 885 County
Road C-2
Permit Coordinator Munson reviewed
the request for abatement as detailed in the Request for Council Action (RCA)
dated September 27, 2010; providing a visual update on the property as of today
of this owner-occupied, single-family detached home, located at 885 County Road
C-2 West; and currently owned by Mr. Lee Tschida. Mr. Munson summarized the
proposed abatement initiated through the Neighborhood Enhancement Program (NEP),
consisting of deteriorated siding, trim and garage door, due to peeling paint
and damaged siding, with the repair estimated at approximately $1,500.
Staff recommended that the
Community Development Department be authorized to abate the unresolved City
Code violations at 883 County Road C-2 West. Mr. Munson noted that the property
owner was not present at tonight’s meeting.
Roe moved, Klausing seconded, directing
staff to abate the above-referenced public nuisance violation at 885 County
Road C-2 West by hiring general contractors to repair the siding and the
window; then repainting siding, trim and garage door; as detailed in Request
for Council Action dated September 27, 2010, if the owner did not
complete the work by October 10, 2010; at an estimated cost of approximately
$1,500; 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.
Roll Call
Ayes: Roe; Ihlan; Pust; and
Klausing.
Nays: None.
d.
Consider City Abatement for Violations of City Code at 2875
Griggs
Permit Coordinator Munson reviewed
the request for abatement as detailed in the Request for Council Action (RCA)
dated September 27, 2010; providing a visual update on the property as of today
of this owner-occupied, single-family detached home, located at 2875 Griggs
Street and currently by Mr. Charles Stokes.
Mr. Munson summarized the proposed
abatement initiated through the Neighborhood Enhancement Program (NEP), consisting
of deteriorated garage siding and trim, with repair estimated at approximately
$1,500.
Staff recommended that the
Community Development Department be authorized to abate the unresolved City
Code violations at 2875 Griggs Street; and advised that the property owner was
not present tonight.
Pust moved, Roe seconded, directing
staff to abate the above-referenced public nuisance violation at 2875 Griggs
Street by hiring general contractors to replace rotted trim boards and paint
the entire garage; as detailed in Request for Council Action dated September 27,
2010, at an estimated cost of approximately $1,500; 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.
Roll Call
Ayes: Roe; Ihlan; Pust; and
Klausing.
Nays: None.
e.
Consider the Request of the Community Development Department to
Issue a Ramsey County Court Citation for Unresolved Violations of Roseville
City Code and Zoning Ordinance at 850 Lovell
Permit Coordinator Munson reviewed
the request for authorization for City Staff to seek a Ramsey County Court
Citation, as detailed in the Request for Council Action (RCA) dated September 27,
2010; providing a visual update on the property as of today of this
single-family detached home, located at 850 Lovell Avenue, in an R-1
residential neighborhood, owned by Ms. Kathleen L. Weinke, with Mr. Ed Cosgrove
residing in the home.
Mr. Munson summarized the history
of the complaints received from multiple neighbors and related to Mr.
Cosgrove’s repair, detailing and selling of cars at this property, creating
excessive noise at all hours of the day and night and unreasonably annoying the
neighbors, with these violations dating back to 2002.
Staff recommended that the
Community Development Department be authorized to issue a Ramsey County Court
Citation to Mr. Ed Cosgrove for continuing public nuisance and home occupation
violations of Roseville’s City Code, Section 407.04, and Zoning Ordinance, Section
1004.01, occurring at 850 Lovell Avenue.
Mr. Munson advised that neither
the property owner nor Mr. Cosgrove were present at tonight’s meeting; but that
a neighbor was present and desired to speak.
Mayor Klausing clarified that the
conduct of proposed action was not subjective, but based on code violation.
Discussion included ownership of
and who resided at the property; potential discussions with Mr. Cosgrove’s car
dealer employer to discourage this practice and the employer’s familial relationship
to Mr. Cosgrove; multiple violations of City Code in this instance; including
the newly-adopted Problem Property Ordinance with this issue as well;
Community Development Director
Patrick Trudgeon noted provision so the Problem Property Ordinance and timing
of the calendar year for additional assessment related to this property.
Public Comment
Jill Atwood, 841 Lovell
Ms. Atwood presented a letter
written to judge to accompany journal entries, provided as a bench handout, attached
hereto and made a part thereof, and referenced portions of her letter
and Mr. Cosgrove’s response to police calls by temporarily ceasing or
suspending operations; and Mr. Cosgrove’s alleged retaliation toward
surrounding neighbors. Ms. Atwood opined that the property owner was Mr.
Cosgrove’s mother-in-law and while visiting frequently, did not live at the
address. Ms. Atwood asked that the City Council take as much action as legally
possible to remove this stressful situation. Ms. Atwood further opined that
the car dealer was Mr. Cosgrove’s father and was frequently at the property
delivering and/or moving cars around.
Councilmember Ihlan questioned if
a criminal solution was the only option.
City Attorney Bartholdi advised
that he could review various options with the Prosecuting Attorney.
Klausing moved, Pust seconded, directing
Community Development Department to issue a Ramsey County Court Citation to Mr.
Ed Cosgrove for continuing public nuisance and home occupation violations of
Roseville’s City Code, Section 407.04, and Zoning Ordinance, Section 1004.01,
occurring at 850 Lovell Avenue; as detailed in the Request for Council Action
dated September 27, 2010.
Councilmember Pust urged Mr.
Munson to review the Problem Property Ordinance as an additional option.
Roll Call
Ayes: Roe; Ihlan; Pust; and
Klausing.
Nays: None.
f.
Consider Minimum Lot Size Ordinance
Councilmember Ihlan briefly
reviewed her recommendation for a proposed minimum lot dimensions ordinance she
had drafted based on a City of Edina model and to be incorporated with the
zoning ordinance rewrite; as detailed in the RCA dated September 27, 2010.
Councilmember Ihlan reviewed the proposed median lot sizes within various
neighborhoods in context rather than city-wide.
Councilmember Ihlan referenced and
read an e-mail from Ms. Vivian Ramalingam in support of the proposed minimum
lot dimension ordinance.
Councilmember Pust reviewed the
intent and interpretation for specifics if the proposed ordinance was
implemented; how measurements for the 500’ perimeter was determined in reality;
and current definition of notice requirements used.
Councilmember Roe expressed his
hesitation in fairness terms of such a mathematical calculations for each
application not being consistent, with the first subdivision creating a new
average for future subdivisions; and his support for the Lot Split Study
group’s recommendation to retain current practice, while creating a small lot
standard in specific areas.
Mayor Klausing noted that this was
a repeated request of Councilmember Ihlan and recommendation of the Citizen
Advisory Lot Split Study group; and concurred with Councilmember Roe’s comments
about the constantly shifting standard.
Councilmember Ihlan opined that
the fairness was application across the City and reviewed several examples with
this proposal compared with current practice; and potentially dramatic changes
and impacts to neighborhood characteristics. Councilmember Ihlan further
opined that findings of the Lot Split Study group could be reconsidered; and
asked that individual Councilmembers state their positions on this matter.
Councilmember Pust advised that
she was still stuck on the language and couldn’t make a policy decision and how
minimum lot dimensions were determined.
Councilmember Ihlan reviewed the
definition of neighborhood and those lots being considered for change in
minimum lot size; and admitted that there could be impacts on some larger lots,
but noted that she had not investigated those impacts.
Public Comment
John Bakke, 2233 Marion Road
Mr. Bakke voiced support for this
concept, to achieve further compliance; and addressing median concerns as
brought up by Councilmember Pust. Mr. Bakke encouraged respect of the Lot
Split Committee and their recommendations, not the proposed 9,500 foot minimum
lot size as is currently proposed by staff.
Carolyn Silflow, 2230 Marion
Road
Ms. Silflow spoke in support of
Councilmember Ihlan’s proposed ordinance language for maintaining larger lot
neighborhoods; opining that the large lots and trees mitigated the noise and
air pollution of nearby major roadways.
Robert Venters, 1964 Fairview
Mr. Venters addressed the fairness
issue; and noted resident concerns for their expectations when moving to
Roseville and potential changes.
Mayor Klausing thanked the public
for their comments; and questioned further action.
Councilmember Ihlan advised that
when the zoning code came before the City Council she would offer this as an
amendment for a vote.
g.
Consider a Minor Subdivision Creating Three Residential Parcels
from the Two Existing Parcels at 3077 and 3091 Fairview Avenue (PF07-054)
Community Development Director
Patrick Trudgeon briefly reviewed the request for a MINOR SUBDIVISION creating
a total of three residential parcels for a single existing parcel; previously
heard at a Public Hearing at the City Council level on June 28, 2010, and
subsequent TEXT AMENDMENT to the City’s minor subdivision ordinance to address
concerns. Mr. Trudgeon noted that this subdivision was based on current
minimum lot sizes of 11,000 square feet.
Mr. Trudgeon noted emergency
access concerns and subsequent resolution by staff; existing garage to be
removed as a condition of approval.
Councilmember Ihlan expressed
concern that no additional notice had been provided to neighbors on tonight’s
meeting who may not be aware of tonight’s meeting.
Mayor Klausing noted that public
comment had been expressed at their last meeting.
Public Comment
Mr. Bakke
Mr. Bakke noted that this
subdivision was a perfect example for consideration of future conceptual
zoning.
Mayor Klausing spoke in support of
this request; and distinguished legal compliance and application of existing
legislation versus drafting legislation based on public comment.
Klausing moved, Roe seconded,
approval of the MINOR SUBDIVISION at 3077-3091 Fairview Avenue, based on input
received during the public hearing and comments and findings of Sections 4 and
5 and the recommendations of Section 6 of the Request for Council Action dated
September 27, 2010, creating a total of three conforming parcels, pursuant to
Roseville City Code, Section 1004.04 (Minor Subdivisions).
Written comments of Ms. Vivian Ramalingam
voicing her opposition to the proposed subdivision was received via e-mail and
read by Councilmember Ihlan at the request of Mayor Klausing.
Councilmember Roe reviewed his
rationale in supporting this request in the context of the neighborhood itself
of surrounding properties and maintaining the character of the neighborhood.
Councilmember Ihlan spoke against
the motion, and reviewed the request using her proposed draft ordinance
language; and the negative impact to the character of the neighborhood; and her
interpretation of policy-making decisions in City Code in subdivision
determinations; and stated general health and safety concerns with neighborhood
character; environmental concerns in loss of trees and green space due to
proximity to the busy roadway; threat of diminished property values and
difficult sales; lack of emergency access; and other issues raised at the
Public Hearing in June. Councilmember Ihlan further addressed concerns in
effectively preserving mature trees and the need for a tree preservation
ordinance during development and/or redevelopment.
City Attorney Bartholdi noted the
review period and need for findings if the motion is denied.
Public Comment
Ms. Silflow
Ms. Silflow pointed out that if
proposed for the north and south lot were to be converted into prairie, it
would make her happy, rather than the proposed two additional homes; and
supported green space rather than hard space
Mayor Klausing clarified that the
action item before the City Council was the subdivision, not the property
owner’s future use of the property.
Roll Call
Ayes: Roe; Pust; and
Klausing.
Nays: Ihlan.
Motion carried.
13.
Business Items – Presentations/Discussions
14.
City Manager Future Agenda Review
City Manager Malinen distributed
upcoming draft agenda items and briefly.
Discussion included an upcoming
Skating Center rental for a 2011 large event and limiting alcohol to community
rooms or expanding the use for other areas of the facility.
15.
Councilmember-Initiated Items for Future Meetings
Councilmember Ihlan requested
several items for the proposed asphalt plant: review of Environmental Quality
Board (EQB) rules and whether they prohibited City Council from taking action
on the Conditional Use during the review; and Council review of letters and
public discussion provided as part of the review process in conjunction with current
City Code.
16.
Adjourn
The meeting was adjourned at
approximately 9:20 pm.