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Regular City Council Meeting Monday,January 10, 2011 Page 9 further opined that the residential taxpayers are who had made Roseville what it was today, and questioned why the appeal could not proceed. Member Pust reviewed the appeal process, and how the neighborhood could bring forward an application for rezoning, with staff providing assistance; but recogniz- ing the lack of legal authority of the Board in considering the appeal as presented. Chair Roe encouraged neighbors, similar to the previous case, to lobby Council- members to pursue an application for a Comprehensive Plan Amendment concur- rent with any application for rezoning that they brought forward. Discussion ensued among several Board members and the City Attorney clarify- ing the appeal process; with only administrative appeals, not legislative appeals appealable to the Board; and action available to the City Council when they re- convened as such. Ward Schwie, 1383 Ryan Mr. Schwie expressed continued confusion, opining that there should have been public notice to change the circumference around the Mall; and expressed concern that a petition effort would succeed; and questioned how the neighbors could ap- peal to the City Council. Chair Roe clarified that the rezoning could not be appealed, but a petition to affect rezoning could be provided by the neighbors to change the rezoning adopted on December 13, 2010 by the City Council to Community Business, upon signatures received by a minimum of 50%of the neighbors. Chair Roe reiterated the process for such a petition process to the Planning Commission, with the assistance of staff. Mr. Schwie expressed concern that the Har Mar neighborhood would be adversely affected by a potential "Apache Plaza" type development, and the neighborhood's assurance that the R-1 zoning protected them from such a plight and provided a calming effect and retained Har Mar Mall as a good neighbor. Mr. Schwie ex- pressed little confidence in the expanded buffer zone to protect residents. Mr. Schwie further expressed frustration in ongoing dump truck activity moving snow all night; and trucks parking in the Mall parking lot and running all night. Member Pust noted those are complainable issues. Mr. Schwie advised that neighbors continually called the Police Department, but sleep was still lost, and the problems continued to repeat. At the request of Member Pust, Mr. Trudgeon advised that staff would get in con- tact with Har Mar Mall ownership to determine the source and enforcement of the