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HomeMy WebLinkAboutCC_Minutes_2003_0616~~~ ~~ . I~~.. City Council Minutes Regular Council Meeting Monday, June 16, 2003 Mayor Kysylyczyn and Councilmembers Kough, Schroeder, Klausing 6:05 p.m. and Maschka, met in the City Council Chambers on the above date. Roll Call Roll Call: (Voting Order): Kough, Klausing, Maschka, Schroeder and Kysylyczyn. Call to Order Call to Order Mayor Kysylyczyn called the regular meeting to order at 6:05 p.m. and welcomed everyone to the Roseville City Council meeting. City Attorney Jay Squires was also in attendance. I. Public Comment Public Mayor Kysylyczyn called for public comment by members of Comment the audience. A. Dr. Richard VerMagen, 176 South Owasso Boulevard Dr. VerMagen expressed disappointment at the continuing dissention on items taken out of context and reported in Pioneer Press articles and alleged it's perpetuation by the "Save Roseville" group. Dr. VerMagen opined that he hoped -that the citizens of Roseville were not ignorant. Dr. VerMagen provided a compact disc to Councilmembers, which he stated would explain his rationale for involvement in the local government picture. Dr. VerMagen expressed his appreciation to Councilmembers for their improved behavior over the last several weeks. B. Joseph Machyowsky, 2690 North Oxford Mr. Machyowsky announced that Councilmember Kough would be performing at the Central Park Band Stand with his group, the Banjo Bandits, at 7:30 p.m. on Tuesday, June 17. Regular City Council Minutes - 06/16/03 Minutes -Page 2 Mr. Machyowsky complimented Dr. VerHagen on providing what he opined as an honest opinion and comments regarding recent derogatory comments regarding the Mayor and several Councilmembers. Mr. Machyowsky protested the City Council's use of the Pioneer Press as the City's legal newspaper rather than the Roseville Review; opining that the reporter assigned to cover Roseville appears to write in a derogatory manner regarding Mayor Kysylyczyn and Councilmembers Kough and Schroeder, while portraying Councilmembers Klausing and Maschka in complimentary terms. Mr. Machyowsky opined that the reporter did not provide readers and the community with a fair representation of City events. II. Review Agenda Review Mayor Kysylyczyn called for any comments or discussion on Agenda the Consent Agenda. There were no public comments. Mayor Kysylyczyn advised that, via e-mail, Public Hearing Item VI., C., entitled, "Appeal of the Community Development Director's Setback Permit Decision, Pursuant to Roseville City Code, Section 1013.05, Relating to the Property at 562 Heinel Drive," had been withdrawn by the applicant on June 12, 2003. There was no discussion requested from the public or Councilmembers regarding any Consent Agenda items. Mayor Kysylyczyn announced a revision in the Agenda order, with presentation of the Miss Roseville Royalty Ambassadors (Item IV A) between the Presentations, Item III A., and Item III B. III. Presentations Presentations A. Presentation of City's Financial Audit Presentation of Schroeder moved, Kough seconded, acceptance of the City's Financial 2002 Annual Financial Report for the City of Roseville as Audit presented by the independent auditor firm of Kern, Regular City Council Minutes - 06/16/03 Minutes -Page 3 DeWenter, Viere, Ltd. Councilmember Maschka left the meeting momentarily from 6:19 p.m. until 6:21 p.m. Finance Director Chris Miller introduced Matt Mayer of the City's independent auditor firm, Kern, Dewenter & Viere to review the highlights from the Management Letter of the 2002 year-end financial report. Mr. Mayer reviewed comparisons between 2001 and 2002 for General Fund revenues and fund balances; tax capacity rates and tax comparisons; annual Debt Service payments; nationwide bond rating comparisons; activity of the City's enterprise funds (sanitary sewer, water, golf, solid waste recycling, storm drainage) with most funds remaining stable, but continuing to show declining assets); and noted a reconunendation that a statutory language provision in construction contract language regarding payment of subcontractors be included in future contracts as appropriate. Mayor Kysylyczyn interrupted the presentation to address applicant and audience member Daniel Peterson regarding Consent Agenda Variance Request Item XI. C. entitled, "Approving Daniel Peterson's Request for a variance at 345 South Owasso Boulevard (PF 3484). " Mr. Peterson requested whether his continued attendance was necessary at the meeting, and had several questions regarding "Save Roseville " signs, to which Mayor Kysylyczyn responded prior to Mr. Peterson leaving the meeting. Councilmembers commented on and sought clarification from Mr. Mayer on several items in the report. Items of note included in the discussion included Councilmember Schroeder's correction on Page 110 of the report regarding the percentage of voters in November of 1999; and Mayor Kysylyczyn's comments regarding unfunded liability related to volunteer Fire Relief Association funding policies as detailed on Page 68 of the report. Regular City Council Minutes - 06/16/03 Minutes -Page 4 Roll Call y Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. IV. Communication A. Miss Roseville Royalty Ambassadors Mike Hermes introduced the eight (8) candidates for the Roseville Royalty Ambassadors and commented on the Ambassador program and announced that this year's coronation was scheduled on July 16, 2003 at Midland Hills Country Club; with additional information available related to the fundraising events (i.e., wine tasting and silent and verbal auctions). Miss Roseville 2003 Jamie Schindelicker thanked citizens for their past support, and encouraged their continued support of this program promoting the City of Roseville. Former Miss Roseville and current St. Paul Winter Carnival Northwind Princess Lauren Quintus thanked the City Council and community members for sponsoring her in the Winter Carnival. Each candidate introduced herself; Ellen Anderson; Julie Torkelson; Megan Kenney; Natalie LeFrance; Gretta Leuderman; Laura Dietrick; Jennifer Rednik; and Jessica White. Mr. Hermes thanked this year's Roseville City Council for their participation in funding this program. Mayor Kysylyczyn provided several phone numbers for the public to obtain additional information. III. Presentations, continued 7:00 p.m. Communication Miss Roseville Royalty Ambassadors B. Presentation of Potential City Council Chamber Presentation of Renovation Options Potential City Regular City Council Minutes - 06/16/03 Minutes -Page 5 Project Manager Duane Schwartz reviewed the potential upgrades for the City Council Chambers to bring it into compliance with the Americans with Disabilities Act (ADA) and to make it a more user-friendly room, and included installation of a ramp for handicap access to the Council.. dais. Staff and Ankeny Kell Architects representative Pam Anderson, provided two (2) alternatives for Council consideration; seeking Council direction for the final design process. Mr. Schwartz advised, in response to Mayor Kysylyczyn's question regarding when a decision needed to be made, that given the upcoming Council recess and the bid package schedule, a decision on which design the Council preferred would be needed at tonight's meeting. Discussion included budget ($30,000) for Council Chamber upgrades in addition to reserves in the Cable Franchise Fee Fund specified for audio and technology improvements; Councilmember Maschka opined that the proposed Alternate Plan's "horseshoe" design .appeared to be most functional option with the presentation screen in the front and presentation table in the middle. Mayor Kysylyczyn concurred opining his preference for the bringing the room into ADA compliance, including room exits, and doing it correctly even at added expense. Councilmember Maschka provided a historical perspective on the original room being designed by Jerome Frank for multi-use purposes. Councilmember Kough opined his support of the Alternate plan. Councilmember Klausing sought clarification from Project Manager Schwartz regarding the presentation table and facilitation of monitors and Commission and other groups using a round table format and the ability for expansion. Council Chamber Renovation Options Regular City Council Minutes - 06/16/03 Minutes -Page 6 Ms. Anderson provided various design options to enlarge the presentation table, while still allowing for it to be wired for technology and sound. Councilmember Schroeder opined that, while less expensive to achieve, simply upgrading the existing plan appeared less than ideal, and expressed support of the Alternate. Ms. Anderson concurred, discussing the difficulty in achieving the grade necessary for ADA compliance for the ramp, with the dais area between staff and Councilmembers, as well as one room exit, still not ADA compliant, opining her preference for Alternate Plan. Mayor Kysylyczyn provided several concerns he had with the Alternate Plan that would need adjustment, including revisions to the presentation table making it two-tiered to allow most presenters to stand in order to save time, while allowing presenters who may need the handicap accessibility to use the lower level. Mayor Kysylyczyn also addressed a possible second portable podium or microphone; existing audio problems in Chambers; presentation levels and grade changes; and considering more of a curve for the Council bench, or consideration of a U-shaped table, and suggested several examples he had seen. Councilmember Klausing concurred with the grade issue and needed sight line improvements. Mayor Kysylyczyn noted that a Special Council meeting had been called for June 30, 2003 for processing the construction bid package; suggesting that staff return with the minor revisions discussed tonight to the Alternate Plan, at which time the Council can give their approval to proceed with the remainder of the bid package. Councilmembers concurred with the proposal for revising the Alternate Plan for final presentation at the June 30, 2003 Special Council meeting. 12egular City Council Minutes - 06/16/03 Minutes -Page 7 Maschka moved, x:lausing seconded, approval of the alternate plan as presented, with minor revisions as discussed, for renovation and layout design for the Council Chambers. Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. Recess Recess Prior to recessing the meeting, Mayor Kysylyczyn again reviewed the Agenda revisions for tonight's meeting and sought any interest in the variances under consideration on the Consent Agenda; with no one commenting or in attendance with the exception of applicants on two (2) of the variance requests (Sextant and Fernwood). It was noted that Kay Andrews of Northwest Youth & Family Services had arrived at the meeting earlier than she had previously intimated to Mayor Kysylyczyn. Mayor Kysylyczyn recessed the meeting at 7:11 p.m. and reconvened the meeting at 7:33 p.m. Mayor Kysylyczyn announced that Assistant Community Development Director Cathy Bennett had copies of the layout map for interested audience members related to Item VIII E under Reports and Recommendations entitled, "Discuss Roseville Properties' Memorandum. of Understanding for Developing Part of Twin Lakes (PF 3232)." V. Recognitions Recognitions VI. Public Hearings Public Hearings A. Consider United Properties Final Plan Approval at Ordinance 1282 2800 Arona Street (PF 3457/3243) Consider United Properties Final 8.1 Plan Approval at Maschka moved, Kough seconded, approval of the final 2800 Arona Street plat and Subdivision and Public Improvements Agreement (PF 3457/3243) Regular City Council Minutes - 06/16/03 Minutes -Page 8 for United Properties, creating a park and pond dedication, seven (7) single-family lots, eighteen (18) row home lots, Outlot A for second phase row homes, and a single lot for a senior cooperative. Community Development Director Dennis Welsch reviewed the project to-date, noting the Planning Commission's review and recommended approval of the Concept Plan, Wlth staff continuing to follow up with details and recommendations, consistent with the Concept Plan and Planning Commission recommendations for the overall project. Councilmember Maschka sought clarification on several issues; with Community Development Director Welsch responding to those respective items (i.e., square footage of lots at approximately 4,000 square feet); grow-home concept housing with approximately 1,700 square feet on two or 2-1 /2 levels, making for narrow and long footprints; and due to the size of the lots, additional restrictions on use of the remainder of the lots related to impervious surface uses (i.e., no accessory buildings, no sheds, no pools; and no recreational vehicle parking). Mr. Welsch advised that this option had been used, given the Council's desire for more single-family homes, rather than using a townhome option, with the HRA expressing interest in purchase some of the lots to build work force housing; and plans for two Habitat for Humanity homes. Councilmember Kough sought clarification from Mr. Welsch on the project time table; the amount of cooperation between the developer and neighbors; and proposed pond improvements in the area. Mr. Welsch responded that the development was in an existing Tax Increment Financing (TIF) District and those funds could be used for infrastructure improvements, including pond expansion; extending roads; and elevations of the senior housing portion of the development provided different types of materials that were durable and maintenance free, yet affordable, as directed by the City Regular City Council Minutes - 06/16/03 Minutes -Page 9 Council. Mayor Kysylyczyn opened the Public Hearing at 7:43 p.m. and reviewed the hearing process. City Manager Beets reported no additional written continent received by staff to-date regarding this project. Mike Schneider, 1490 Centennial Drive (adjacent to property) Mr. Schneider questioned when the park was scheduled for completion, requesting that the residents preferred not to see a substantial amount of lost park time. Mr. Schneider also expressed his appreciation to the developer, Planning Commissioners, staff, City Council, and neighborhood for their cooperative work on the project; opining that it was representative of how government should work with its citizenry. Mayor Kysylyczyn .expressed appreciation, on behalf of the City Council and staff for their assistance throughout the process. Mayor Kysylyczyn responded, along with Mr. Welsch, on the anticipated time frame for completion of the park in the 2003 and 2004 construction seasons, with planned opening in the fall of 2004 to allow for the major grading required throughout the site; first lift of the expanded roadway this year, with final lift planned for 2004 to allow larger equipment use prior to final road construction. With no one else appearing for or against, Mayor Kysylyczyn closed the Public Hearing at 7:45 p.m. Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. 8.2 Kough moved, Maschka seconded, holding the second reading and approval of Ordinance No. 1282 entitled, "An Regular City Council Minutes - 06/16/03 Minutes -Page 10 Ordinance Amending Title 10 of the City Code, Changing the Zoning Map Designation of Certain Real Property at 2800 Arona Street B-1 Limited Business District to a Planned Unit Development with Underlying Zoning of R- 1, R-3 and R-6 Residential Districts." Community Development Director Welsch expressed appreciation to the developer of the Arona Site. Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. 8.3 Klausing moved, Schroeder seconded, approval of the final Planned Unit Development (PUD) Site Plan and Agreement (Ordinance No. 1282) between the City of Roseville and United Properties Investments LLC, for a 13.7 acre mixed residential, planned unit development consisting, a neighborhood park and pond with overlook and trails, seven (7) single-family homes, eighteen (18) row homes designed as three (3) separate "row house" styled structures, a three (3) and four (4) story, ninety-six (96) unit senior cooperative, and on Outlot A, in the second phase, either eighteen (18) or more row homes or up to a three (3) story, thirty-six (36) unit condominium; with the second phase development to be reviewed by staff and the Planning Commission at a public hearing prior to issuance of permits. Community Development Director Welsch advised Councilmembers of a typographical error in the document; noting that there were ninety-six (96) senior cooperative units proposed, non ninety (90) as noted. Roll Call Ayes: .Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. Mayor Kysylyczyn again expressed his appreciation to all Regular City Council Minutes - 06/16/03 Minutes -Page 11 parties involved in this development that had been under consideration since approximately 1994, and particularly for the last two years of diligent work by the developer and residents. B. Conduct First Reading of an Ordinance Amending Title Three, Section 309.03, Massage Therapy Establishments Kough moved, Schroeder seconded, approval of the first reading of Ordinance No. 1283 entitled, "An Ordinance Amending Title Three, Section 309.03, Massage Therapy Establishments;" to eliminate the maximum number of massage therapists and massage therapy establishments in the City of Roseville. Finance Director Chris Miller provided a background for this request; advising that at its preference, the City Council could amend the motion to include both first and second readings at this time. Mr. Miller advised that staff had been approached by a number of establishments that would like to see the existing ordinance amended to exclude limiting the number of licenses granted. Mr. Miller advised that staff had notified the existing eight (8) licensees of tonight's meeting. Mr. Miller further advised that staff had performed a survey among other cities showing comparable retail demographics, talked with licensing staff and Police Departments in those removing the limit of those entities licensed. F City Manager Beets advised that staff would continue to do criminal background checks on license applicants. Mayor Kysylyczyn opened the Public Hearing at 7:54 p.m., with no one appearing for or against; and closed the Public Hearing at 7:55 p.m. Amendment Klausing moved, Kough seconded, amending the motion to strike the word "~- of the first reading of Ordinance No. 1283 and adding the word "waive" the first Ordinance 1283 Amending Title Three, Section 309.03, Massage Therapy Establishments Regular City Council Minutes - 06/16/03 Minutes -Page 12 reading of Ordinance No. 1283 in order for the motion to read as follows: "Kough moved, Schroeder seconded, waiving the first reading of Ordinance No. 1283 entitled,- "An Ordinance Amending Title Three, Section 309.03, Massage Therapy Establishments;" to eliminate the maximum number of massage therapists and massage therapy establishments in the City of Roseville." Roll Call Ayes: Kough, Schroeder, Klausing, Maschl~a and Kysylyczyn. Nays: None. Kough moved, Schroeder seconded, approval of the first and second reading of Ordinance No. 1283 ~ entitled, "An Ordinance Amending Title Three, Section 309.03, Massage Therapy Establishments;" to eliminate the maximum number of massage therapists and massage therapy establishments in the City of Roseville. Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. Mayor Kysylyczyn noted that this ordinance, as with others, would become effective upon publication. C. WITHDRAWN by Applicant 6/12/03, Appeal of the Community Development Director's Setback Permit Decision, Pursuant to Roseville City Code Section 1013.95, Relating to the Property at 562 Heinel Drive Mayor Kysylyczyn advised that the .applicant had withdrawn this request, via e-mail, on June 12, 2003. D. Appeal of the Community Development Director's Decision, Pursuant to Roseville City Code Section 1013.05, OR Request for Interim Use Permit for Western Resources {Watkins Trucking Site) at 2560 Long Lake Road (PF 3485) 562 Heinel Drive Resolution 10105 Appeal of the Community Development Director's Decision, Regular City Council Minutes - 06/16/03 Minutes -Page 13 4.0 Kysylyczyn moved, Maschka seconded, adoption of a resolution, approving the issuance of a five-year Interim Use Permit to Western Resources and Watkins Trucking, 2650 Long Lake Road, subject to interim use standards for interim use parking, which include a grading plan and proper drainage; packed, dustless gravel; fencing, landscaping screening, ponding as needed, and lighting. The applicant may request the Council to consider renewing the permit during the last 120 days of the five (5) year permit; the Interim Use Permit to be subject to review by the City Attorney as to form and content. Community Development Director Dennis Welsh advised that the since the creation of the staff report, the applicant had overcome their reluctance to invest in reconunended property standards for granting of an Interim Use Permit. Discussion included existing billboard; whether the Interim Use Permit process was the appropriate action; use of trailers and the longevity of their placement on the site; site debris and clean up plans; and the comparisons to the City's Comprehensive Plan and the zoning and uses of this parcel Mr. Bill Elhotz with Western Resources and Karl Dordal, Watkins Motor Lines, Incorporated, 2560 Long Lake Road, were in the audience representing the applicant. Mr. Elhotz provided a brief history of the yard; removal of a berm that was previously available to provide screening from adjacent properties; current grading; expansion and zoning of the property from B-4 to B-6 in 1987; their awareness and ongoing problems with upkeep of the site that is used by people as a dumping site; extension of the property fencing; type of materials handled at the facility; security of and improved logistics in the yard; and their intent to provide a Class 5 gravel base, rather than bituminous surface. Pursuant to Roseville City Code Section 1013.05, OR Request for Interim Use Permit for Western Resources (Watkins Trucking Site) at 2560 Long Lake Road (PF 3485) For the record, City Attorney Squires sought clarification Regular City Council Minutes - 06/16/03 Minutes -Page 14 from the applicant that they were withdrawing their request for an appeal of administrative recorr~rnendation; with the applicant responding affirmatively. Councilmember Schroeder sought clarification from the applicant that the area designated for employee parking would not be used for trailer parking; with the applicant responding affirmatively, given that the surface was not designed for the weight of the trailers. Mayor Kysylyczyn opened the Public Hearing at 8:15 p.m., with no one appearing for or against, and closed the Public Hearing at 8:16 p.m. Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. VII. Land Use Land Use A. Consider a New Monopole Communications tower on Consider a New the Civic Center Campus for City Emergency and Monopole Non-Emergency Use and for Lease to Co-Located Communications Private Communications Companies Tower on the Civic Center Campus for 4.1A Emergency and Kysylyczyn moved, Maschka seconded, declaration of the Non-Emergency City Hall campus as a city site under Section 10,12.1 OA3 Use and for Lease of the Roseville City, specifically identifying the area as a to Co-Located proposed installation site. Private Communications Planning Consultant Thomas Paschke reviewed the Companies request. Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. 4.1B Kysylyczyn moved, Kough seconded, identifying the site for the future installation of a monopole communication Regular City Council Minutes - 06/16/03 Minutes -Page 15 tower on the southeast corner of the Public Works garage facility. Councilmember Maschka expressed his preference for a tower not to exceed one-hundred feet (100'). Discussion included proposed location for a monopole in relationship to the roadway; Public Works building and saltf sand storage yard; equipment screening wall; and equipment parking interference with the tower location at other sites. Mr. Paschke introduced Mr. Paul Harrington, of Carlson and Harrington, local broker for Sprint PCS, an applicant for tower space. Further discussion, with responses by Mr. Harrington, related to strobe lights and/or markings on the pole in accordance with FAA stipulations, with markings or strobe lights required if the pole is under one-hundred fifty feet (150'); the natural elevation of this site; height of power transmission lines along County Road C at one- hundred thirty-seven feet (13.7') with a twenty foot (20' ) elevation variation; impact of this location to the entire campus site; and access to equipment through the Public Works storage yard. Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. 4.1 C Maschka moved, Schroeder seconded, .designation of the appropriate tower height not to exceed one hundred feet (100'). Mr. Harrington responded that Sprint's needs were met at eighty feet (80'), but questioned the limitations that height might place on others considering leasing space on the tower. Regular City Council Minutes. - 06/16/03 Minutes -Page 16 Discussion included capabilities of the tower at varying heights; City needs related to potential switching to 800 MHZ frequency equipment, and those specific equipment requirements, compared to those present concerns, and associated cost comparisons and justifications; private sector use of the pole and projections of their specific height requirements; ability of adding height onto the pole, provided the base is designed appropriately at the initial construction; the potential revenue sources available (i.e., four users maximum, in addition to the City, fora 150' pole); and the negotiation pending between Sprint and the City regarding the pole's construction and lease amounts, with Mr. Miller anticipating $25 - $35,000 annually per provider at this time. Further discussion included the technological issues and location of cells related to the pole height; and the two frequencies (i.e., Public Works and Police car-to-car) currently used by the City at 460 MHZ. City Manager Beets clarified that Ramsey County is proceeding with their planning for going to the 800 MHZ system, of which the City is a participant, and plans to sell bonds to support the $25 Million project in the spring of 2004. Mr. Beets also advised Councilmembers that the City Hall construction project includes installation of repeaters to enhance radio communications of the Police Department. Mr. Harrington advised that Sprint would anticipate paying for the initial tower construction, conveying ownership to the City, and by agreement the City would in turn abate their lease costs as applicable until the construction cost was depleted. Councilmembers continued discussion regarding each of their preferences for tower height, until a compromise was achieved. Councilman Schroeder suggested considering a 100' pole with the capability of adding height up to 150' at some later date if City Council approves. Mr. Harrington from Regular City Council Minutes - 06/16/03 Minutes -Page 17 Sprint concurred in that approach. Kysylyczyn moved, Klausing seconded, amending the original motion to construct the base of the tower to accommodate a one hundred-fifty foot (150') load; initially install a one hundred foot (100') pole; and allow for future installation of an additional sleeve to increase the tower height. Roll Call (Amendment) Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. Roll Call (Original Motion as Amended) Ayes: Kough, Schroeder, Klausing,. Maschka and Kysylyczyn. Nays: None. B. Request to Transfer the Housing Fund to the Housing Resolution 10106 Redevelopment Authority (LIRA) Request to Assistant Community Development Director and HR.A Transfer the Executive Director Cathy Bennett; along with HRA Chair Housing Fund to Billhuck Majeres and Commissioner Sam Marks were the Housing available for Council discussion. Redevelopment Authority Ms. Bennett provided a draft resolution as a bench handout to facilitate discussion and outline the request for transfer of housing funds in Fund 574 and Fund 271 to the HRA. Ms. Bennett reviewed the assets in each respective fund; stating that all funds were to be used under Housing and Urban Development (HUD) guidelines for low-to- moderate income housing uses; with the HR.A under Statutory law submitting an annual budget to the City Council for approval. Ms. Bennett further advised that the HRA had scheduled a Public Hearing on July 15, 2003 to review the proposed Housing Plan and the HRA's preliminary 2004 budget; with presentation to the City Council following for the City's 2004 Budget Process. Regular City Council Minutes - 06/16/03 Minutes -Page 18 Kysylyczyn moved, Kough seconded, adoption of Resolution No. 10106 entitled, "A Resolution Authorizing the Transfer of Housing Funds 574 and 271 to the Housing and Redevelopment Authority in and for the City of Roseville," for the purpose of implementing housing programs for the City. Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. C. Update and Request for City Council Direction on Nuisance Code Violation for Guptil at 185 North McCarrons Boulevard West Community Development Director Dennis Welsh advised that this item required no Council action; but was listed to allow for any comment or question of Councilmembers. There were no Council comments. Mayor Kysylyczyn brought to Mr. Welsch's attention for clarification the staff report in the HRA agenda packet (Section 1.1, report dated 6/17/03, last phrase, "...refer to HRA to review and report on possible options for vacant housing). D. Consider Muna Sabri's Request for a Variance and Conditional Use Permit at 2154 Lexington Avenue (PF 3488) The applicant was in the audience for any Council question or comment. Maschka moved, Kough seconded, adoption of Resolution No. 10107 entitled, "A Resolution Approving a variance to Section 1005.01 A2, 1005.01 Ae, 1005.01 D6B, 1005.09C, 1005.09E, and 1010.14 of the Roseville City Code for Property Located at 2154 Lexington Avenue (PF 3488)." Update and Request for City Council Director on Nuisance Code Violation for Guptil at 185 North McCarrons Boulevard West Resolution 10107 Resolution 10108 Consider Muna Sabri's Request for a Variance and Conditional Use Permit at 2154 Lexington Avenue (PF 3488) Community Development Director Dennis Welsh advised Regular City Council Minutes - 06/16/03 Minutes -Page 19 that the site is currently a vacant gas station; that the existing building was proposed to be reused, not torn down; the resolution provided for a Conditional Use Permit (CUP) for gasoline sales; there had been no significant outside comment heard at the Planning Commission's Public Hearing; and the proposed action was presented on a 5/1 Planning Commission recommendation. Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. 10.2 Maschka moved, Kough seconded, adoption of Resolution No. 10108 entitled, "A Resolution Approving a Conditional Use Permit for Muna Sabri and QC Energy II, Allowing 2154 Lexington Avenue to be Re-Used as a Gas Station with Limited Convenience Sales (PF 3488)." The applicant concurred with the conditions as outlined on the staff report dated June 16, 2003; with Mayor Kysylyczyn noting that particularly Conditions listed in Items 7.1 and 7.2 were substantial improvements requiring completion prior to opening for business. Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. E. Consider Sylvia Sieferman's Request for a Variance at 420 Terrace Drive (PF 3481) Mayor Kysylyczyn verified the completeness of the staff report, and the correct spelling of Ms. Sieferman's name. 9.2 It was noted that the request for an 8.5 foot variance to Section 1004.02D5 (Dwelling Dimensions -Front yard Setback) based on findings of fact, and as reconllnended by the Roseville Planning Commission, had been withdrawn by the applicant, and that no action was Resolution 10109 Consider Sylvia Sieferman's Request for a Variance at 420 Terrace Drive (PF 3481) Regular City Council Minutes - 06/16/03 Minutes -Page 20 required. 9.1 Maschka moved, Schroeder seconded, adoption of Resolution No. 10109 entitled, "A Resolution Approving a 466 Square Foot (5.2%) Variance to Section 1004.01 A6 (Maximum Total Surface Area) of the Roseville City Code for Property Located at 420 Terrace Drive (PF 3478);" based on the findings in Section 5 and conditions of Section 6 of the project report dated June 16, 2003. Conununity Development Director Dennis Welsh reviewed the request, showing the existing structure and that proposed, including the actual variance request for site coverage only related to a proposed future pool. Mr. Welsh clarified that current code allows fore a two-story structure in an R-1 zoning district; and reviewed the various components of the proposed construction and elevations. Mr. Welsch advised that both the applicant and her architect were in the audience and available for Council comment or question. Mr. Welsh further advised that this single-family home improvement was representative of the plans included in the Rambler Design Program and was architect-designed in response to the owner's needs. Mayor Kysylyczyn reiterated Mr. Welsch's clarification of the variance request under consideration tonight; noting written comment and public concerns received regarding the project not being applicable to the requested Council action (i.e., encroachment concerns and impervious surface issues). Mayor Kysylyczyn recognized the importance of public concern regarding the Rambler Redesign Program and impervious surface issues, but advised- those were discussions for future meetings, not for tonight's request. Councilmember Maschka recognized a resident's option to legally build. an additional story on their home without approval, and sited several examples in the City; and clarified that the only issue before the Council tonight was the 466 square foot variance request; to which Mr. Welsch Regular City Council Minutes - 06/16/03 Minutes -Page 21 affirmed. Mayor Kysylyczyn defined the request for the total impervious surface area covered, not that of the actual pool. Councilmember Klausing clarified that even without the pool or if the addition were smaller, the impervious surface coverage actually related to the pavers, would still be within allotted lot coverage; and sought Mr. Welsch's brief review of the analysis and test for variance consideration as done by the Planning Commission in their assessment. Mr. Welsch advised that Planning consultant, Thomas Paschke, was also available to provide more detail and comments on the Planning Commission deliberations: Mr. Paschke reviewed Sections 5.7 and 5.8 of the staff report dated June 16, 2003 as the essence of the review of determining factors, and listed in detail in Sections 5.9, 5.10 and 5.11 with those options considered. Mayor Kysylyczyn recognized those citizens in the audience who wished to comment on this variance request. Doug Wilke, 419 Terrace Drive (across street from applicant) Mayor Kysylyczyn acknowledged the petition received in the Council packet as being identical to the one e-mailed (Bench copies available); with Mr. Wilke responding affirmatively. Mr. Wilke spoke in opposition to the addition of a second story on a rambler and it not being in character with the neighborhood. Mr. Wilke stated that upon finding out the plans of the applicant for the property, he had taken a copy of the proposed plans and canvassed the neighborhood, obtaining approximately 35 names, with 1 signature withdrawn by e-mail, opposing a second story to the home. Mr. Wilke recognized that the neighbors couldn't stop the second story, according to city code, but could Regular City Council Minutes - 06/16/03 Minutes -Page 22 attempt to see that the variances were defeated and send a message that this massive home was not in keeping with the characteristics of the neighborhood and was inappropriate. Mr. Wilke provided comparisons and neighboring views from front, back and side elevations; opined that use of taxpayer monies to encourage this massive of a renovation for a home was not acceptable; and further opined that something of this magnitude should be brought to the neighborhood's attention for their inclusion in the discussion; and expressed his concern that the applicant had not communicated with the neighborhood regarding her proposed plans. for the property. Sandy Wondra, 413 Terrace Drive Mr. Wondra commented extensively on her opposition to the proposed project; opining that the purpose of the Rambler Beautification Program was to try to improve homes that were not livable (i.e., single car garage not available without variance for two-car garage; additional bedroom space; and other logical reasons). Ms. Wondra opined that the applicant shouldn't have purchased a property that was not viable to her needs. Ms. Wondra conunented on the improvements made to neighboring properties within the confines of the code, following the tornado several years ago. Ms. Wondra questioned the exiting water drainage problems in the area, and the potential for further problems given runoff from the massive roof proposed, opining that this concern was not adequately addressed by the Planning Commission when brought up at the Public Hearing for this request. Ms. Wondra further corrlmented on the 70/30 impervious material ruling that was adopted in 1999 by the City, opining that there must a valid reason for adopting the code, and questioned rationale for varying those rulings. Steve Wrangle, Architect representing Ms. Sieferman Mr. Wrangle clarified the variance request; citing existing landscape pavers on the site and the proposed pool Regular City Council Minutes - 06/16/03 Minutes -Page 23 surround hard surface area being relocated on the site. Mr. Wrangle opined his disappointment with the opposition and vehemence from the neighborhood; with the applicant being unaware of the opposition prior to the Planning Commission's Public Hearing; and questioning why none of the petitioners approached the applicant for comment prior to the Hearing. With no further public corrlments, Mayor Kysylyczyn sought Council comment. Councilmember Klausing recognized the various issues presented regarding this project; concurred with the legitimacy of comments regarding departure from standards and frequency for variances, citing others on the agenda this evening, and suggested that future consideration be given to amending the code. Councilmember Klausing opined that the elements considered were consistent with those cited as hardships in past variances requested and granted; expressed disappointment with the animosity among the neighbors; and that the property improvements would ultimately benefit the neighborhood. Councilmember Klausing spoke in favor of the motion, as consistent with past Council actions, and recognizing the Planning Commission reconunendation as a sound one. Councilmember Kough, opining that no apparent hardship existed, stated opposition to granting the variance; opining that there appeared to be hardships for all parties; and expressed concern regarding the potential for drainage issues. Councilmember Maschka had no further comment. Councilmember Schroeder concurred that the Council appeared to be granting numerous variances; supported the second story to the home, but opined that, without sufficient evidence for him to support a hardship, he would be voting against the variance. Regular City Council Minutes - 06/16/03 Minutes -Page 24 Sylvia Sieferman, 420 Terrace (Applicant) Ms. Sieferman expressed her sadness at the reaction of her neighbors; that the variance request was not about what the neighbors appeared to be concerned about; and opined that it was her neighborhood as well. Ms. Sieferman addressed the various concerns of the neighborhood that she and her architect had already addressed in designing the proposed addition, including drainage, tree removal, and her moving forward in working with staff and the Planning Commission without being aware of the neighborhood concerns, or that there were any reasons for concern regarding her personal property. Ms. Sieferman expressed appreciation to the Council for their consideration. Councilmember Klausing spoke to his general observation about variances, statutory zoning requirement, and the need for Council consistency. Sandy Wondra Ms. Wondra reiterated her concerns regarding the Rambler Beautification Program and the huge addition to the home, in addition to the second story; opining that the scope of the entire house was overwhelming. Planning Consultant Paschke commented regarding the number of variances due to the economy and interest rates, allowing people to invest in their homes. Mr. Paschke opined that, when Roseville was developed in the 1950's and 1960's, homes were premised on the need for storm water management throughout the entire city; and further opined that revision of the City's code may be appropriate given today's housing needs. Mr. Paschke clarified that this specific request was not about massing, it was about lot coverage -plain and simple -how much impervious area is inclusive, is it reasonable and practicable, and current. code required applicants to go through a lengthy and non-refundable expensive variance process to comply with property improvements. Regular City Council Minutes - 06/16/03 Minutes -Page 25 Mayor Kysylyczyn clarified several issues with Mr. Welsch and Mr. Paschke and once again clarified the issue before the Council, reminding all that the applicant did not need to seek Council approval for any home construction plans, only the impervious surface issue for future pool construction. Mayor Kysylyczyn summarized that his remaining concern was whether lack of a pool constituted a hardship issue, and sought further Council comment. Councilmember Kough opined that the Council needed to act on the proposal as presented. Councilmember Klausing concurred with Councilmember Kough's comment; opining that the application was not driving the deliberation, but the neighborhood opposition. Councilmember Klausing opined that the purpose of variances was to improve the housing stock. Councilmember Schroeder sought clarification from Mr. Welsch regarding the proposed home improvements; after which he admitted his change in opinion regarding this issue, given Council and staff discussion tonight. Councilmember Schroeder recognized the standards set by the City as a benchmark, while balancing a homeowner wanting to improve their property. Mayor Kysylyczyn further expressed his concern that construction of a pool was a hardship. Councilmember Maschka clarified hardship language stating, "reasonable use of land;" opining that State Statute supported Ms. Sieferman's request, given the percentage (5.2%) of variance requested; opining that it was a reasonable request; was putting value on what the homeowner wanted on their home, which was not government's decision to make. Councilmember Maschka opined that the variance was not excessive; and questioned Council rationale that would consider denying the request, even if desired, as it would not stand in court. Further discussion ensued. Regular City Council Minutes - 06/16/03 Minutes -Page 26 Dr. Richard VerHagen, l76 South Owasso Boulevard Dr. VerHagen spoke of several homes in his neighborhood that had expanded, and the way in which his property value had increased substantially; opining that the proposed project would enhance the neighboring properties. Mayor Kysylyczyn spoke in favor of the motion, opining that he had been convinced by Councilmember Maschka; that atwo-story home was allowed by code; and Council would ultimately be forced to grant the variance. Roll Call Ayes: Schroeder, Klausing, Maschka and Kysylyczyn. Nays: Kough. VIII. Reports and Recommendations A. Consider Northwest Youth and Family Services (NYFS) Funding for 2004 Mayor Kysylyczyn introduced NYFS Executive Director Kay Andrews and her staff and invited them to proceed with their presentation on their request for 2004 funding for the NYFS in accordance with their budget planning and existing contract. Prior to the presentation, Mayor Kysylyczyn conferred with City Attorney Squires regarding the contract renewal date; potential cancellation notice time frame if the City so chooses; and other process issues. Ms. Andrews proceeded with providing a brief history of the organization and their relationship with the City of Roseville and eight (8) other cities in suburban Ramsey County. Ms. Andrews introduced the staff sharing in the presentation, Ms. Rachael Kane, Mental Health Services Manager and Jerry Mottka, Family Community Support Services Manager. Reports and Recommendations Consider Northwest Youth and Family Services Funding for 2004 Regular City Council Minutes - 06/16/03 Minutes -Page 27 Ms. Andrews clarified that the agreement among cities and the organization was initially done through a Joint Powers Agreement (JPA), but had been revised in 1998 to a contract format; opining her understanding of the stipulations of the contract were that it needed to be renewed by December of 2004, but asked staff to .verify that information at their discretion. Ms. Andrews reviewed the history of the organization, their mission, staffing and service demographics, and the services provided through the contract (i.e., mental health counseling, diversion, youth-run business and senior chore services. Ms. Kane provided an overview of the mental health services provided; and Mr. Mottka reviewed the various community development and diversion services, emphasizing intervention to enrichment for high-risk youth. Ms. Andrews reviewed the organization's various revenue sources (in-kind donations; foundations, business and corporate sponsorships; individuals and civic groups; special events and conferences; fees and the "Penny Pinchers" second-hand store proceeds; tenant rent and conference room rental; collaboratives; and government support). Ms. Andrews then reviewed the organization's expenses (i.e., programs, building operation, development and administration). At Mayor Kysylyczyn's request, Councilmember Maschka spoke in support of the organization, of his experience in serving on the organization's board on behalf of the City Council; and expressed his feelings about the agency and their work in the community. Councilmember Maschka encouraged Councilmembers to support .the minimal amount requested by this agency, opining that this would be the wrong time to cut funding, given the current economic situation with foundations under assault and the state cutting programs. Councilmember Maschka further opined that, while the state may be having financial difficulties, the City of Roseville was not, and the children Regular City Council Minutes - 06/16/03 Minutes -Page 28 served by this program were the City's children, and the services were utilized consistently by the Police Department. Councilmember Maschka expressed his vehement support of this program, given their philosophy of operation and providing- consequences to divert children .from high-risk situations. Mayor Kysylyczyn reviewed the 2003 budgeted amount of $43,797, with a 1 % variable escalator built into contract, with Councilmember Maschka and Ms. Andrews clarifying contract criteria. Councilmember Kough spoke in support of the program, recognizing their exceptional work; suggesting that, given budget constraints, the contract request could be frozen at 20031evels. Further discussion ensued regarding minor contract revisions with City Attorney Squires and Ms. Andrews committing to work together on any revisions at the Council's direction. Maschka moved, Kysylyczyn seconded, to maintain existing the funding process for the Northwest Youth and Family Services organization for the 2004 year. Councilmember Klausing expressed concern regarding the present budget situation with staff requested to present a no levy increase preliminary budget; and further stated that he would be voting against the motion at this time, due to being requested to deal with this one item in a vacuum; and his need to put the request in the context of the entire budget. Mayor Kysylyczyn identified with Councilmember Klausing's comments; opining that he would prefer to cut Pathway funding to support this program, or trimming and reducing in other areas, but realized the need for NYFS to have their 2004 budget determined prior to completion of the City's budget process in December. Councilmember Maschka reiterated his support of the Regular City Council Minutes - 06/16/03 Minutes -Page 29 program, opining that it was one of the few programs we get more out of than put in. Councilmember Klausing concurred with Councilmember Maschka's opinion of the program, but questioned whether it fit in with the core function of the city, and whether it should be handled under social services by the County or State. Further discussion included money value vs. service value; the actual clientele services; and the broader demographics of the program representing the Roseville School District, not just Roseville residents. Roll Call Ayes: Kough, Schroeder, Maschka and Kysylyczyn. Nays: Klausing. Kysylyczyn moved, Maschka seconded, directing the City Attorney to review contract issues associated with Northwest Youth and Family Services and return to the City Council with recommendations. Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. E. Discuss Roseville Properties' Memorandum of Understanding (MOU) for Developing Part of Twin Lakes (PF 3232) 4.1 Maschka moved, Schroeder seconded, acceptance of the Memorandum of Understanding (MOU), with any modifications, between the City of Roseville and Roseville Properties in connection with the development of seventy- two (72) acres located within the Twin Lakes Redevelopment Area as identified on the attached site plan. Discuss Roseville Properties' Memorandum of Understanding (MOU) for Developing Part of Twin Lakes (PF 3232) Mayor Kysylyczyn clarified that the Memorandum of Regular City Council Minutes - 06/16/03 Minutes -Page 30 Understanding (MOU) site map, was for informational purposes only, and the Council was not adopting the map as presented. Community Development Director Dennis Welsch concurred with Mayor Kysylyczyn, advising that the land use map would not be .adopted until the land use issues were defined and a more refined proposal. Mr. Welsch reviewed the purpose of the MOU, and its incorporation of who was responsible for which component of the proposed project (i.e., improvements, infrastructure, public assistance, site plan review and plan amendments, who's responsible for what and who pays. and exactly what details are involved). Mayor Kysylyczyn reviewed various components of the MOU; improvements, infrastructure, public assistance, site plan review, and plan amendments. Discussion included the link of the map to the MOU, defined as an initial "cut" by Mr. Welsch; preferences to be included in the site development; impacts to the neighborhood; cash stream potentials for a hospital; traffic issues; ratios and percentages of housing and retail and whether the developer is within the general scope of Council preferences; and the need for an MOU. City Attorney Squires responded to Council question regarding the features of an MOU; stating it was a non- binding agreement, intended to set out rights and responsibilities for parties to establish a base on how the development process would work, confirming that the Council would continue to have numerous opportunities during the process to affect project and it's moving forward. Mayor Kysylyczyn recognized audience members for public comment regarding this issue. Al Sands, 2612 Aldine Mr. Sands first commented on the length of tonight's meeting; requesting that Council business should be Regular City Council Minutes - 06/16/03 Minutes -Page 31 conducted during reasonable hours when. the public could be in attendance or viewing at home. Mayor Kysylyczyn responded to Mr. Sands' comments regarding the amount of time allowed for public comment. Mr. Sands' second comment was cautioning the Council from entering into the MOU, opining that its language was too vague. Mr. Sands further opined that by entering into the MOU, the City was making a commitment to support this project and the development. Mr. Sands voiced his opposition to this particular project and the City's consideration of using either Tax Increment Financing (TIF) or Eminent Domain. Mayor Kysylyczyn attempted to pinpoint Mr. Sands' interpretation of MOU language as it related to his comments; with Mr. Sands maintaining his stance. Councilmember Klausing concurred with Mr. Sands' comments regarding the length of the Council meeting, and the City's involvement with the MOU. Dr. Richard verHagen, 176 South Owasso Boulevard Dr. VerHagen requested that the meeting move forward. Ev Senty, 3059 Fairview Avenue Ms. Senty suggested that everyone was getting tired and cranky, and needed to step back. Ms. Senty spoke against the consideration of a retail chain in the project, particularly "big box retail;" and asked that the Council remember that there was a neighborhood in existence, and to take that into consideration when making decisions regarding the project. Ms. Sente also asked for the. notification process regarding public meetings on this project. Mr. Welsh reviewed the notification process. Tim Kotecki, 3078 Mount Ridge Road Mr. Kotecki opined that the amount of retail space proposed is too excessive, and that .the City doesn't need that much retail space, suggesting a better use for the land; Regular City Council Minutes - 06/16/03 Minutes -Page 32 and also speaking to the potential traffic congestion. Mayor Kysylyczyn and Mr. Welsch each addressed Mr. Kotecki's concerns; and corrected his perception of the ratio of retail and residential land uses; and advised of the considerations in studying the traffic figures in the AUAR as the proposed development proceeds. Mayor Kysylyczyn reassured the public that City staff and the City Council will be continuing in studying the proposed project; and asked Mr. Welsch to provide an approximate date when there may be another public meeting regarding this issue. Mr. Welsh responded that probably early August would be the earliest public meeting at the Planning Commission level. Roll Call Ayes: Schroeder, Maschka and Kysylyczyn. Nays: Kough and Klausing. B. Discuss an Ordinance Mandating Distribution of Legal Notices at No Charge when a Subscription Legal Paper is Selected Mayor Kysylyczyn questioned why there was no legal opinion from the City Attorney included in the Council agenda packet. City Manager Beets apologized for the confusion .for not being aware of Council direction. Councilmember Klausing opined that it was his recollection that staff would explore the request to provide legal notices to those interested, and return to the City Council with an approximate cost for making the notices available at City expense to those not subscribing to the Pioneer Press and wanted legal notices. Items discussed and requested by the City Council were determining a fiscal note; practical administration of providing notices; separation of corporations and residents in determining free notices; and incorporating the notices Discuss an Ordinance Mandating Distribution of Legal Notices at No Charge when a Subscription Legal Paper is Selected Regular City Council Minutes - 06/16/03 Minutes -Page 33 into the mailing list for Council agendas under Chapter 13D. City Attorney Squires spoke to the provision under Open Meeting law where newspapers and individuals can file a request to be included on an emergency meeting notification list; and suggested a similar program could be developed for voluntary inclusion on the list for residents; with staff determining costs associated for further Council direction. Dr. Richard VerHagen, 176 South Owasso Boulevard Dr. VerHagen expressed confusion regarding the entire issue and requested action, opining that the previous Council comment was related to cost efficiencies, and their rationale for choosing the Pioneer Press, rather than the Roseville Review. Dr. VerHagen stated that he had taken the initiative to contact both newspapers following the Council's earlier decision, and the Roseville Review had agreed to match or underbid the Pioneer Press proposal. Dr. VerHagen opined that since the Pioneer Press continued to report community news in a less than favorable manner, why reward them with publication of legal notices. Dr. VerHagen requested that free legal notices be provided to anyone making the request; and demanded his receipt of the notices, as required by law, at no expense to him. Discussion included bidding laws versus proposals; levels of services and reliability of coverage; and editorial policy. Councilmember Klausing requested that staff be given direction, and then continue with the next agenda item. Councilmember Schroeder recommended that there be no cost to residents for receiving legal notices; that other alternatives were available, rather than them buying . a newspaper; and appointing the Pioneer Press as the City's official newspaper for 2003 was determined by the Council; and that this should be the Council's immediate focus, and take all items into consideration in the decision for 2004. Regular City Council Minutes - 06/16/03 Minutes -Page 34 Councilmember Kough opined that by contacting the City's Administrative Secretary, they could receive legal notices. Kysylyczyn moved, Kough seconded, directing staff to provide a brief fiscal note on the implementation of providing legal notices to the public in conformance with similar notes to Statute 13D; and in addition to provide comment on separating residential versus commercial requests. Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. C. Consider Approving a "Welcome to Roseville" Sign Program Councilmember Kough presented five civic organizations interested in pursuing the ordering and installation of "Welcome to Roseville" signage; and presented a .proposed design for the signage. Public Works Director Duane Schwartz identified several locations that may be appropriate, as outlined on the map presented by Councilmember Kough. Councilmember Kough advised that four of the five clubs had made commitments of $500 each toward the signs; with $200 donated, and promises of another $300 toward the project. Councilmember Kough requested, and endorsed, four (4) signs for installation, with direction to the City's Public Works Department to oversee their installation. Kysylyczyn moved, Kough seconded, approval of "Welcome to Roseville" signs as presented and directing staff to install signs in compliance with all City, County and State regulations. Mayor Kysylyczyn noted that his motion did not include accepting donations, which would be considered under separate Council action upon receipt of such donations. Consider Approving a "Welcome to Roseville" Sign Program Regular City Council Minutes - 06/16/03 Minutes -Page 35 City Attorney Squires concurred. Councilmember Klausing expressed concern regarding any liability to the City in stipulating who gets their organization promoted on the signage; and whether the City could limit availability of advertising on the signs (i.e., political groups and/or businesses). City Attorney Squires opined that he didn't have any great concerns regarding First Amendment issues under current City Code. Councilmember Schroeder questioned how the City could dictate and eliminate private enterprises from advertising on the signs. City Attorney Squires opined that these were civic-minded organizations and the signs were popular in numerous communities; and didn't foresee any issues for the City. Councilmember Kough reiterated his support for the civic organizations involved in the signage. Further discussion included provisions for graffiti; size of the City of Roseville portion of the sign in comparison to the organizations' logos; traffic distractions; the numerous entrances to the City not included; and maintenance of the signs. Councilmember Klausing expressed appreciation to Councilmember Kough for his work on the project, and his initiative in pursuing the concept; but with reluctance, spoke against the motion for installation. Councilmember Schroeder spoke against the motion, opining that such signs were a maintenance problem, and his unwillingness to commit the City's maintenance staff to their installation and maintenance; and further opining that they were distracting to drivers, and created additional clutter along the roadways. Councilmember Maschka had no comment. Regular City Council Minutes - 06/16/03 Minutes -Page 36 Mayor Kysylyczyn expressed his support of the signage. Roll Call Ayes: Kough and Kysylyczyn. Nays: Schroeder, Klausing and Maschka. Motion failed. D. Hear a Report from the City Attorney about a Ramsey County Lawsuit and Consider the Purchase of Aeration Equipment for Roseville's Compost Site Klausing moved, Maschka seconded, acceptance of the low bid from MacQueen Equipment in the amount of $78,050 for the purchase of compost aeration equipment. City Attorney Squires referenced the legal opinion provided by City Attorney Anderson and related corrlments included as part of the Council Agenda packet, related to pending litigation faced by Ramsey County and impacts on the City's purchase of similar equipment. It was the opinion of the City Attorneys that the case was a nuisance lawsuit driven by particular facts of that situation and not relevant to the City's consideration equipment purchases. Public Works Director Schwartz reviewed the staff request, addressing the difficulty in obtaining and timing for contracted services to aerate the compost piles, affecting the quality and odor of the compost and impact on the neighborhood; and recognized the expense of the equipment and its anticipated 10 - 12 year life span in addition to maintenance. Councilmember Kough referred to research he had performed on the equipment purchase, and the need to attaching the equipment to a front-end loader, further tying up that piece of equipment and manpower; opining that it was undersized for the amount of compost at the City's site. Councilmember Klausing clarified several perceptions with Mr. Welsch regarding the frequency of turning the Hear a Report from the City Attorney about a Ramsey County Lawsuit and Consider the Purchase of Aeration Equipment for Roseville's Compost Site Regular City Council Minutes - 06/16/03 Minutes -Page 37 compost piles, reducing their size and the process more quickly; and deferred to staff expertise and recommendation. Councilmember Schroeder addressed his support of the leaf pick up and composting as it benefited storm sewers and streets, along with providing a service to the residents; but expressed concern in the cost of equipment, and the long-term commitment being made as to .the equipment purchase and continuation of the program for the city. Further discussion included the market value available in selling the equipment and the limited market. Councilmember Klausing expressed support of providing the compost program on a long-term basis as a continued benefit to the citizens, suggesting user fees or closer monitoring of the compost site to limit unwarranted dumping ofnon-compost-type materials. Mayor Kysylyczyn expressed his appreciation to legal counsel for providing the additional information; and spoke against the motion, opining that he wasn't convinced that composting on city-owned property or vacuuming pick up was efficient, recognizing a bigger public policy issue. Roll Call Ayes: Klausing. Nays: Kough, Schroeder, Maschka and Kysylyczyn. Motion failed. XII. Approval of Minutes A. Approval of Minutes of June 9, 2003 Kough moved, Klausing seconded, approval of the June 9, 2003 regular Council meeting minutes as amended. Corrections: ^ Page 10; Item VII, A., Land Use, North Heights Lutheran Church and School...(PF 3449) Regular City Council Minutes - 06/16/03 Minutes -Page 38 Hieu Van Nguyen comments; (Kough) Second paragraph, revise to read: " Community Development Director Welsch addressed Mayor Kysylyczyn's comments ...." Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. IX. X. Organizational Business Organizational Business Ordinances & Resolutions Ordinances & Resolutions XI. Consent Agenda Consent Agenda A. Approving a Correction to Easement Descriptions for Approving a the Sunrise Assisted Living at 2555 Snelling Avenue Correction to North Easement Maschka moved, Schroeder seconded, approval of the Descriptions for the storm sewer easement for Sunrise Assisted Living storm Sunrise Assisted sewer pipe. Living at 2555 Roll Call Snelling Avenue Ayes: Kough, Schroeder, Klausing, Maschka and North Kysylyczyn. Nays: None. B. Approving Dan Sutliff s Request for a Variance at 992 Resolution 10110 Shryer Avenue (PF 3487) Approving Dan Maschka moved,. Schroeder seconded, adoption of Sutliff s Request Resolution No. 10110 entitled, "A Resolution approving a for a Variance at 522 Square Foot Variance to Section 1004.O1A6 of the 992 Spryer Avenue Roseville City Code for Property Located at 992 Shryer (PF 3487) Avenue (PF 3487)." Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. C. Approving Daniel Peterson's Request for a Variance at Resolution 10111 Regular City Council Minutes - 06/16/03 Minutes -Page 39 345 South Owasso Boulevard (PF 3484) Approving Daniel Maschka moved, Schroeder seconded, adoption of Peterson's Request Resolution No. 10111 entitled, "A Resolution Approving for a Variance at an18 Foot Variance- to Section 1004.02A1 and 1004.02D5 345 South Owasso of the Roseville City Code for Property Located at 345 Boulevard Owasso Boulevard South (PF 3484)." (PF 3484) Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. D. Approving Bernie Laur's Request for a Variance at 600 West Sextant (PF 3486) Maschka moved, Schroeder seconded, adoption of Resolution No. 101 12 entitled, "A Resolution Approving an 859 Square Foot Variance to Section 1004.O1A6 of the Roseville City Code for Property Located at 600 Sextant Avenue (PF 3478)." Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. Resolution 10112 Approving Bernie Laur's Request for a Variance at 600 West Sextant (PF 3486) E. Approving John Meyer's Request for a Variance at Resolution 10113 2735 Fernwood (PF 3486) Approving John Maschka moved, Schroeder seconded, adoption of Meyer's Request Resolution No. 10113 entitled, "A Resolution Approving for a Variance at an 887 Square Foot Variance to Section 1004.02A6 of the 2735 Fernwood (PF Roseville City Code for Property Located at 2735 3486) Fernwood Street (PF 3486)." Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. F. Approving Business Licenses Approving Business Maschka moved, Schroeder seconded, approval of 2003- Licenses 2004 license renewals as follows: Regular City Council Minutes - 06/16/03 Minutes -Page 40 Licensee/Address T e of License Jonathan Robert Fielding Co. Cigarette/Tobacco Products 1767 Lexington Avenue Network Liquors Cigarette/Tobacco Products 2727 North Lexington Avenue Snyder's Drug Store #5015 Cigarette/Tobacco Products 1121 Larpenteur Avenue Cellars Wines & Spirits of Cigarette/Tobacco Products Roseville, Inc. 1649 West County Road C Tower Glen Liquor Cigarette/Tobacco Products 2216-R West County Road D McRae's Inc., d/b/a Herbergers Massage Therapy Hair & Nail Salon/Day Spa Establishment 600 Rosedale Shopping Center Mary Piersia, d/b/a J.C. Penney Massage Therapist Salon/Spa 1700 County Road B-2 Gretchen Hildebrandt, d/b/a Massage Therapist J.C. Penney Salon/Spa 1700 County Road B-2 Susan Sterud, d/b/a Ladies Massage Therapist Work Out Express 1085 Dionne Avenue `Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. C. Approving Payment of Bills Payment of Maschka moved, Schroeder seconded, to approve the Bills payment of bills. 25533-25545 25544-25593 25594-25596 25597-25715 TOTAL $ 9,303.84 26,150.37 443.10 78,134.70 114,032.01 Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. Regular City Council Minutes - 06/16/03 Minutes -Page 41 IV. Communication, continued 7:00 p.m. Communication A. Mayor's 2004 Budget Targets Mayor's 2004 Mayor Kysylyczyn announced that his budget targets Budget Targets could be discussed at a future meeting. XIII. Other Business A. Bar Closing Hours City Manager Beets advised the City Council that staff had received a request from one (1) restaurant owner regarding revisions to the bar closing hours to 2:00 a.m., requesting such action by July 1, 2003 . Kysylyczyn moved, Kough seconded, scheduling a Public Hearing for Monday, July 21, 2003 on the issue of adjusting ordinances fora 2:00 a.m. bar closing time. City Manager Beets advised that staff will continue with the current policy until directed by future City Council action. Roll Call Ayes: Kough, Schroeder, Klausing, Maschka and Kysylyczyn. Nays: None. B. Special Meeting Notice Mayor Kysylyczyn advised that a Special Council meeting had been scheduled for Monday, June 30, 2003 for approval of the City facility renovation project .bid package; and to consider staff s recommendations for plan revisions to the City Council Chambers. Other Business Bar Closing Kours Special Meeting Notice XI~~. Adj ournmpnt Adjournment The meeting was adj ourn~ at . 5 8 p~.m. .~ __ ~ John Kysylyczyn, Mayor ATTEST: Neal J. Bee ,City Manager ~E-. ,k~1- ..dti: ~~~~ l i EST CT F INUTES F STING OF THE CITY COUNCIL F THE CITY ®F ROSEVILLE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota, was held on the 16`" day of June, 2003, at 6:00 p.m. The following members were present: Klausing, Maschka, Schroeder, Kough and Kysylyczyn and the following were absent: None Council Member adoption: introduced the following resolution and moved its RESOLUTION NO. A RESOLUTION AUTHORIZING THE TN:ANSFER OF HOUSING FUNDS 574 AND 271 TO THE HOUSING & REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ROSEVILLE WHEREAS, the City of Roseville established a Housing & Redevelopment Authority in a and for the City of Roseville (hereby referred to as the "IRA") on June 17, 2002 as a separate entity with legal authority established under MN Statutes 469.001 to 469.047; and WHEREAS, one of the key objectives of the HRA is to provide housing programs and promote safe, decent and affordable housing options for the City; and WHEREAS, the City currently contributes to and administers several housing programs including the following: HousingResource Center Services Owner Occupied Revolving Loan Program Rambler Redesign Program Home & Garden Fair Housing Replacement Program Single Family Rehabilitation Program Senior Housing Program Rental Rehabilitation Program Planbook Program Borders & Buffer Program Community Development Block Grant Program WHEREAS, the City Council believes that it is in the best interest of the City to transfer the operations and maintenance of the housing programs to the HRA to implement the City housing goals and objectives. NOW THEREFORE BE IT RESOLVED, that the Roseville City Council authorizes the transfer of operation, maintenance and financial responsibilities of the Housing Funds 574 and 271 to the Housing and Redevelopment Authority in and for the City of Roseville as of June 16, 2003 for the total liabilities, fund balance and retained earnings in the amounts of 5610,275.59 and 5427,373.35 respectively. The motion for the adoption. of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor: and the following voted against: WHEREUPON said resolution was declared duly passed and adopted. \\Victoria\CommDev\HRA\Meeting Reports\cc resolution housing fund transfer.doc 2 ~t 1..~ 'f ,-~ F r; is ~ r `_: ~j ` ~ ~-' ~~ Y ~ _ ~_ € '7 ~r~d~y9 Jung ~, 20Q3 ~`~~,~ti ` ~~ 1 ~~~ ~~t~~ This Report will focus only on two items relevant to Monday's Council Meeting. 1. City Co~.ncil Chambers enovatio Enclosed at the first tab are the cost details relating to the two renovation options for the City Council Chambers that were sketched out for you in your Thursday packet. 2. 2 a.m. Bar Closing in Roseville? Enclosed at the second tab is a memorandum in the form of a Request for Council Action regarding the new state law governing bar closing hours. We were not going to address bar closing hours Monday night, but now the Old Chicago at Har Mar is asking fora 2 a.m. closing time effective July 1, and we don't know if you want to have them wait for your answer until your next Council meeting on July 21. As you will see from Chris Miller's RCA and Jay Squires e-mail mes- sage, attached, the bar closing issue in Roseville is not only affected by the new state law; Roseville's City Code probably needs some clarification about bar closing times even if you want bars to continue to close at 1 a.m. instead of 2 a.m. However, you don't have to do anything this coming Monday if you don't want. You can wait until June 30~, July 21, or even later if you wish to receive more information and to thi~llc about the issue. If you choose to do nothing this coming Monday night we will tell the Old Chicago that you may address the issue at a later date, and in the mean- time closing hours for bars in Roseville should remain at midnight on Sun- days and 1 a.m. all other days of the week. On the other hand, maybe you already know you want to change bar closing hours in Roseville to 2 a.m. as state law now allows. If so, we need to change the City Code, and we need your direction whether you ..want to hold a public hearing over such a Code change sooner or later. Sooner could be your June 30~ special council meeting to approve the 2nd bid package for City I-Iall construction; later could be your July 21 Council Meeting. There is no consequence associated with waiting except that the serv- ing of liquor at the Old Chicago will have to stop at midnight Sunday and 1 a.m. all other days, as is currently the case. 1 .~.+ L U .~ O a.> m O ~ O ~ _ ~ t~ ~ N ~ ~ c ~ ~ O C ~ C O O U ~ ~ • ~ O ~ ~ ~ ~ ~ ~ ~ -O ~ ~ ~ ~ N ~ ~ ~ ~ `N ~ ~ U t/1 O .~ ~ - O C O O ~ U ~ O , ' C Z3 ~ 'O ~ ~ C ~ N O ~ C '`'' •~? ~ N O C U O U "-' O .~ -C L t~ O O i (Q ~ ~ ? O ~ _o c _~ -Q -a o '~ =_ 3 -Y ~ ~ V / ~ y~ ~ ~ 4- ~ ~ L ~ ~ ~ U ~ .Q ',.. .. 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(n ~ (n >- (n ~ Cn Q W ~ Cn ~ (n ~ Cn c~ _! • O O ~-- d' ~ r' ~-- O pip O 00 O ~ O N O 00 `- O O O ~ O O ~ 03 ~ Q Q ~ o ~ N ~ O U 3 a~ Z ~ O ° ~ E ~ ~ .O ~ ~ o m ~ ~ C~ ~ ~ ~ = '' cn o ~ ~ ~ fI1 o o D _ ~ z .cn c~ D ~ O ~ - ~ _O ~ f- O ~ C cOn o a. 3 o Z ~ O 3 - ~ , U' ~ .«-. ~ - •~ ~ ~ = ~ a~ Z C Y ~ m o~ C U o m ~ ~..~ c o ~ U ~ = o ~ , c - U ~ :~ ~ o U Q ~ ~ ~ a :~ ~ o U Q ~ N L o U O C c "~ ~ ~ O ~ ~ CO U cv ° ~ c ~ ~ ~ ~ ~ 3 o Z ~ _ O} J ~ ~ C O ~ ~ 3 _o Q U '~ ~ 0 W o c 3 O - Q v ~ ~ ~ o ~ c ~ ~ a~ ~ O c n c _ N O H i .,~ 0 Z Q i a~ t V 0 V .k a i Q O C~ O O O U N O- ~ N ~ •~ ~ D `` ~ ~ ~ ~ ~ O N ,~ ~ C ~ 'D O U ~ ~ ~ ~ ~ m o ~ a~ o ~~ ~ ~ Q L cn c ~ N O C U ~ O o u ~ Q m # i~ i~ ~ ST L~ ACTION Date: 6/ 16/2003 Item I~~o: Department Approval: Manager Approved: Agenda Section: Other Business Item Description: Discussion on the Change in Hours of Operation for On-Sale Liquor Establishments Background In the recently adjourned legislative session, State Lawmakers agreed to extend the hours of operation for on-sale liquor establishments from the current 1:OOam closing time, to 2:OOam. The change in law is effective July 1, 2003. The new law allows local units of government to prohibit the extended hours by establishing an ordinance that specifies an earlier closing time. If the City wishes to prohibit the extended hours, it must do so in the affirmative. The question before the Council is two-fold; 1) Does the Council wish to extend the hours of operation for on-sale liquor establishments; and 2) Does the current City Code satisfy the desired position of the City from a legal standpoint. The City has received a request from an existing on-sale establishment who wishes to extend their hours of operation to 2:00 am. It's uncertain whether other establishments will make the same request, but it seems likely that others will do so at some time in the future. Under the new law, local approval is required before any establishment can extend their hours. Discussion Items City Code, Chapter 302 governs the licensing of liquor establishments including the hours of operation. Staff's initial review of the current City Code is somewhat inconclusive as to whether the hours of operation are clearly defined. City Code 302.09 states the following: HOURS OF SALE: On-sale licenses of autlioj~ized sales on Sunday and Monday may sey-ve intoxicating liquof~s between the Izouf s of ten o 'clock (10:00) am on Sundays and one o'clock (1:00) am on Mondays. (OYd. 1068, 12-7-1989). Depending on One's interpretation, it could be concluded that the language is specifying hours of ` operation for Sunday only, which presumably would imply that all other days of sale are governed by the hours of operation as set forth by State Statute, Chapter 340A. However, this interpretation is somewhat in conflict with City Code 302.10, subd. ~, which reads: FVACUATIC?l~ ~F ®11T .SALE E.S7'A~LIS'H11~EN7`,~': tl~irt~~-tnint~te t-estf-ictiotz: A.ll ~atrotzs of an on-sale establishment selling intoxication liquor or non-intoxication malt liquor must vacate the pf-e~nises ~vitliin thirt~f (30) trainutes of the o~~ae o'clock (1:00) ani ter~ninatiofl of sales ot~i weekdays and Satisrdays, and within thirty (30~ minutes of the twelve o 'clock (12: DO) midnigd~t termination of sales ofr Stniday .. . The language 121 this portion of City Code suggests that it was (and is) the City's intent to prohibit the sale of liquor at on-sale establishments beyond twelve o'clock (12:00) midnight on Sundays, and one o'clock (1:00) am on all other days of the week. On-sale liquor establishments are currently following these hours of operations. The City Attorney will be prepared to give his interpretation of the Code, and whether it satisfies the legal requirement for setting the hours of operation. To ensure clarity with regard to this issue,, Staff is recommending that the Council re-state its position on the hours of operation for on-sale liquor establishments. The following courses of action are available to the Council. Actions #1 and #2 are dependent upon the Council's interpretation of the existing City Code (see above). 1) Take no further action with regard to the hours of operation, and to direct Staff to notify all on-sale liquor establishments that closing time will remain at twelve o'clock (12:00) midnight on Sundays, and one o'clock (1:00) am on all other days of the week, as specified by City Code and currently followed. 2) Take no further action with regard to the hours of operation, and to direct Staff to notify all on-sale liquor establishments that closing time will remain at one o'clock (1:00) am on Sundays, as specified by City Code, and two o'clock (2:00) am on all other days, as allowed by State Statute. 3) Set a public hearing for Monday, June 30`h, to consider extending the hours of operation for on-sale liquor establishments, potentially allowing for a change in local ordinance prior to the new State law taking effect on July 1, 2003. 4) Set a public hearing for a later date, to allow for a more comprehensive review process. Staff is prepared to notify all existing on-sale liquor license holders of any public hearing or proposed action of the Council. Attacr~ents a) Excerpt of City Code, Chapter 302. b) Excerpt of State Statute, Chapter 340A.504 c) Summary of City requirements under the new law, as outlined in a guest column in the LMC E-Bulletin. d) Correspondence from Dino Lobaido, Executive Director of the Roseville Visitor's Assn. Council Action equested. Consider re-stating the Council's position on the hours of operation for on-sale liquor establishments; and if desired, set a public hearing for a future date to consider extending the hours of sale. eats, eal from: Jay T. Squires [jsquires@rat~viklav~r.com] Sent: Friday, June 13, 2003 10:43 Ai1~ T®: Chris.miller@ci.roseville.mn.us Cc: veal.beets@ci.roseville.mn.us Subject: liquor hours Chris: Here is a crack at a new Section 302.09: No sale of intoxicating or nonintoxicating liquor for consumption on the premises may be made between 1:00 a.m. and 8:0o a.m. on the days Tuesday throught Saturday, or between the hours of 1:00 a.m. Sunday and 8:00 a.m. Monday. However, establishments authorized herein to serve intoxicating liquor on Sundays in conjunction with the sale of food may sell intoxicating liquor for consumption on the premises between the hours of 12:00 p.m. on Sunday and 12:00 a.m. on Monday. The above language would take the place of the existing language in Section 302.09. The way I think of it, on sales would be ok from 8 in the morning to 1 in the morning Monday throught Saturday, and from noon to midnight on Sunday. Note the noon opening hour is different from current code, which suggests 10 a.m. This changes conforms code to 340A.504. The information contained in this electronic message is attorney-client privileged and confidential information and is intended only for the use of the individual(s) to whom this electronic message is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this electronic communication or any attachment thereto is strictly prohibited. If you have received this electronic communication in error, you should immediately return it to us and delete the message from your system. Thank you. 1 e~tS9 ~~ '~rorn: Jay T. Squires [jsquires@ratwiklaw.com] ent: Friday, June 13, 2003 10:46 AM To: Chris.miller@ci.roseville.mn.us Cc: heal.beets@ci.roseville.mn.us Subject: Fwd: liquor hours ~',,"1 liquor hours I was looking at the wrong statutory sectioin. the 12:00 p.m. Sunday start to liquor sales can be 10:00 as code currently provides. Thus my crack at the new language should be revised accordingly. The information contained in this electronic message is attorney-client privileged and confidential information and is intended only for the use of the individual(s) to whom this electronic message is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this electronic communication or any attachment thereto is strictly prohibited. If you have received this electronic communication in error, you should immediately return it to us and delete the message from your system. Thank you. 1 ~`~, ~ y Pagc I off` 2 ~ ~ ~- p e~ ,~ ~ , Janet Vllilke From: "Doug Wilke" <dwilke@attbi.com~ To: <johnk@ustamily.net>; <Craig0456@attbi.com>; <dmaschka@gwest.net>; <gregschroeder@attbi.com>; <Neal.Beets@ci.roseville.mn.us>; <tomkough@netscape.com> Gc: "Sandy Wondra" <sandy@askusinc.com>; "Janet Wilke" <jwilke@attbi.com> Sent: Saturday, June 14, 2003 9:35 PM Subject: Planning File 3478 I am e-mailing the Roseville City Council and Mayor I~ysylyczyn regarding the Planning Fi1e3478 requesting variances for improveme~lts to 420 Te~~race Drive. We learned of this project when we received a card in the mail telling us that this would be on the agenda of the Planning commission at their meeting an Jane 4, 2003. We attended this meeting along with many Of the co~~tiguo~~s neigl~~o~;s. We also had a petition signed by appro~r~~~ ~.tc~~~ 3 of tic ncig~~r~~-s ~j~~~ Y~~~st~~ ~ ~; ~:~~: ~;a grant the variances for this project. It was at this time that we were first informed that this was a part of the Rasevil~c Rambler Improvement project. We feel teat ~. pro~,~ta~~~ teat is s~~.l~sid.i~cd bbl dollars from fees paid by taxpayers should m~.r~d~t~: tie ~pp~.~a.Dt.s be re~~~red ~.o co~~p~e~.~~ their projects by staying within the City codes. The city and: the pla_nn~ng commission should be less variance friendly and n~a~~c cads f~icndl~r. ~1,hey sl:~o~~ld be more selective in granti~~g c~x~;eptio~~s. ~l~c apl~.lic~::~~t s~ou~d ~c ~-cu~~=~~c }~o justify the NEED for a varia~~ce not. jest ~::~~c dcs~~~-~~. ~'~~~~ s~~~~~~ld ~~~~ p~s~: of~.~~~~ `dea.~' between the grantor and the grantee. Also, the FII~~ should be re~~.ired, a~aDg wltb the applicant, to at Least attempt to n~.eet with tl~e neig~~boa:£s to d~sc~~ss ~.1~~~ f~r~~~~~t. Note: this was not done. ~`l~e~j s~~old also b~ ~F~~~l~~i~a~~~~ ~.~~ pl~~sic.~~-y .~1~1uai~~~~ themselves with the n~ghbo~R~oo~~_ ~~1:~~~r~: ~~~~~.~~~ a j~~~~~_~~~~~~~, ~.~ ~~ ~.~ appropriateness of the proposed: project.. If tax payer's dollars are being used for this type, of Ra~~~b1c~~= Rc~~~od~.~ p~`~~~~-a~~~f then the tax payers that arc affc~~~d i~~ tl~c ~~c-igl~~k~~orl~oo~ s~R~ld ~~~,: ~~~~'~~fLc ~-arlic~~ in the process. tJther Comments: 5.9 Staff analysis of undue hardship factors: I served on the Planning Commission for eight years From my exper~e~~ce I feel that in this case there ~s not a. h~:~o~~~~1_~ ~.ta~ ~ond j~~~~.~-g~ ~.~~~_ ~~~~-~~a~,~s. '~~s ~s a. residence that at the time of pug cl~a5e ~~~ l~.te su~~~r~~e~~, x,002, vv as ~. 3 hed~ oo~~~ 6/16/2003 ~ag~ 2 cif 2 rambler with a finished basements incl~.~ding a_ nth bedroom aid b~+' ~roo ~ It ~'s~ ... . ~~ [ t S~ had a detached 2 car garage. ~ ~~n ~ ~~ ~~ ~~~Pr~~G~~~~ Fr ~~ ~.- ~~ ~ ~ . ~~~`r~ _ ~~~~~~~~~~-~_~ ~'F;<~ 'lease review 5.9 A, B, and C. This was a livable house built in the mid 1960's. It could be updated without tl~e need for variances. The neighbors that signed the petition to deny tf~e vari~.~~c.es stro~:~gl J~ e~~co~°~.g~~ ~Tou to vote in compliance with the code and deny the re~~~cstcd v~.ri.~~c~es. Doug and Janet Wilke Darrell and Sandy Wondra 6/16/2003