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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,
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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.
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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
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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
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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.
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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)
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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
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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
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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
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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
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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.
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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
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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.
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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
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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