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HomeMy WebLinkAboutCC_Minutes_2007_0108 City of ~~~ Regular City Council Meeting Minutes City Council Chambers, 2660 Civic Center Drive Monday, January 8, 2007 Public Reception Public Reception A public reception was held for incoming Councilmember Dan Roe and incumbent Mayor Craig Klausing at 5:30 p.m. in the City Hall lobby. City Council Oaths of Office Mayor Craig Klausing was sworn in by Mayor Klausing's sons, Connor and Spencer Klausing; and Mayor Klausing made brief remarks and recognized family and friends. Councilmember Dan Roe was sworn in by former Minnesota Attorney General Mr. Warren Spannaus; with Councilmember Roe making brief comments and recognizing family and friends. Recess Recess Mayor Klausing recessed the meeting at approximately 6:23 p.m. and reconvened at approximately 6:30 p.m. Call to Order Call to Order Mayor Klausing reconvened and called to order the Roseville City Council regular meeting at approximately 6:30 p.m. and welcomed everyone. Mayor Klausing introduced and welcomed incoming City Manager Mr. William 1. Malinen; and in turn, recognized the services of and thanked Christopher K. Miller for operating the City as Interim City Manager. City Attorney Scott Anderson was also present. Roll Call (Voting and Seating Order) City Council Regular Meeting - 01108/07 Minutes - Page 2 Councilmembers Roe; Kough; Pust; Ihlan and Mayor Klausing. Approve Agenda Approve Agenda Mayor Klausing called for any comments or discussion on tonight's Agenda. Mayor Klausing noted that Consent Item 3.h entitled, "Designate 2007 Acting Mayor," should be removed for discussion. Councilmember Kough requested that Consent Item 3.1 entitled, "Approve Mayor's Appointment of Dean Maschka to the Housing and Redevelopment Authority (HRA)," be removed for discussion. Councilmember Kough also noted that he had several questions on Consent Item 3.a entitled, "Approve Check Register." Councilmember Kough questioned the status of an Audit Committee appointed from Councilmembers to meet with staff and the City's external auditors; and questioned whether it was in place yet. Mayor Klausing and Interim City Manager Miller concurred that, while discussion had been held and information provided on the role of such a committee, neither recalled formal action of the City Council to appoint such a committee. Mayor Klausing noted that the suggestion of Councilmember Kough was prudent; and directed staff to redistribute the staff report previously prepared and discussed, for further discussion at the upcoming City Council Study Session. 1. Receive Public Comment about City Issues Mayor Klausing called for public comment by members of the audience on any City Issues. No one appeared on any non-agenda items. 2. Approve Minutes 2.a City Council Regular Meeting of December 18, 2006 Kough moved, Pust seconded, approval of the December 18, 2006 Regular City Council Meeting Minutes as presented. Receive Public Comment about City Issues Approve Minutes Regular City Council Meeting of December 18, 2006 City Council Regular Meeting - 01/08/07 Minutes - Page 3 Roll Call Ayes: Kough; Pust; Ihlan and Klausing. Nays: None. Abstentions: Roe. 3. Consider Consent Items Consent Items There were no additional changes to the Consent Agenda other than those previously noted. At the request of Mayor Klausing, Interim City Manager Chris Miller briefly reviewed those items being considered under the Consent Agenda; and responded to specific questions of individual Councilmembers on numerous Consent Items. 3.a Approve Check Register Check Register Councilmember Kough questioned several payments on the Check Register to Krass Monroe for condemnation proceedings and whether this was reimbursable from the developer. Interim City Manager and Finance Director Miller advised that if the developer didn't reimburse the items, the amount would be withdrawn from the developer's Letter of Credit. Councilmember Ihlan concurred that both items identified on the Check Register should be designated for reimbursement, opining that the taxpayers shouldn't' have to foot the bill if the City had the ability to collect from the Letter of Credit. Pust moved, Kough seconded, approval of the following claims and payments as presented. ACH Payments $117,073.95 45999-46182 2,005,294.36 Total $2,122,368.31 Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. City Council Regular Meeting - 01/08/07 Minutes - Page 4 3.b Approve Contracts/Purchases in Excess of $5,000 Councilmember Pust questioned the use of the proposed new Fire Department vehicle; whether it would be used for an on-call basis at the fire station or assigned to someone as their personal vehicle. Mr. Miller advised that the vehicle being replaced was considered excess equipment and no longer used; and that the new vehicle would be used for smaller incidents, rather than a full-service fire engine, for additional cost-savings; and would be available for use by the department, not one specific person. Councilmember Kough noted that the vehicle being sold was a 1969 model, and while intended for offer on E-bay, noted previous concerns expressed by retired firefighters desiring to bid on discontinued equipment. Mayor Klausing noted that it was the City's fiduciary role to get the best return possible on sale of excess equipment; and suggested that Councilmember Kough notify the retired firefighters of the upcoming offering of the vehicle on E- bay, to allow them to participate in the bidding process. Councilmember Kough noted that he would contact the retired firefighters as suggested. Pust moved, Kough seconded, approval of general purchases and/or contracts as follows: Vendor Description Amount Busch Architects Design services for Skating Center $37,000.00 renovation Thane Hawkins Replace Fire Engine #12 with Suburban 35,419.38 Chevrolet Tri State Bobcat Replace Skid-Steer Loader 38,297.40 North American Salt Blanket P. O. for Road Salt 7,000.00 Berbee Networks Reolace 2 Network Switches 15,818.04 Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. Contracts & Purchases in Excess of $5,000 City Council Regular Meeting - 01108/07 Minutes - Page 5 3.c Approve Business Licenses Business Licenses Pust moved, Kough seconded, approval of business license applications for the period of one year, for the following applicants: Applicant/Location Type of License Alexandra Ponlions @ Jnnt Salon Spa Massage Therapist 2480 Fairview A venne N Brandon Palmer @ Mind, Body & Sonl Massage Tlierapist 1740 Lexington Avenue N Inspire Healtli and Wellness Massage Therapy Establishment 2233 Hamline A venue N Allison Greer Buffington @ Massage Therapist Inspire Health and Wellness 2233 Hamline Avenue N Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. 3.d Approve a One-Day Gambling Permit for Parkview Center School Pust moved, Kough seconded, approval of the request of Parkview Center School to conduct a raffle on March 23, 2007, at the Parkview Center School, located at 701 W County Road B. Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. 3.e Designate 2007 Legal Newspaper Mayor questioned the substantial difference in quotes presented, specifically that provided by the Pioneer Press. Mr. Miller advised that the information was presented correctly in the staff report; and suggested that the Pioneer Press may have misinterpreted the City's request; but noted that staff was required to proceed with the information as provided by the various entities. Pust moved, Kough seconded, designation of the Roseville Review as the City's official legal newspaper for the year One-Day Gambling Permit for Parkview Center School Designate 2007 Legal Newspaper City Council Regular Meeting - 01/08/07 Minutes - Page 6 2007. Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. 3.e Designate 2007 Official Bank Depository Pust moved, Kough seconded, adoption of Resolution No. 10466 entitled, "Resolution on Designation of Depositories," for the year 2007. Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. 3.g Designate 2007 Official Bank Signatories Pust moved, Kough seconded, adoption of Resolution No. 10467entitled, "Resolution of Designation of Bank Signatories," for the year 2007 Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. 3.i Designate 2007 Weed Inspector Pust moved, Kough seconded, approval of the appointment of the City of Roseville Community Development Department Permits Coordinator as the duly authorized and designated Assistant Weed Inspector for the calendar year 2007, pursuant to Minnesota Statutes 18.80. Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. Resolution 10466 2007 Official Bank Depository Resolution 10467 2007 Official Bank Signatories 2007 Weed Inspector 3.j Approve 2007 Sign Requests 2007 Sign Requests Councilmember Kough questioned the City's request for a banner permit; when such banners were banned for others requesting them. Mr. Miller noted that, historically, the City Council has approved the requested banner sign permits, usually following Council discussion. City Council Regular Meeting - 01/08/07 Minutes - Page 7 3.k 3.m Public Comment John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn offered his historical perspective of the banner permits, specifically during his tenure as Mayor. Mr. Kysylyczyn opined that the City should not allow itself a permit that it would not allow a private business or homeowner to do. Pust moved, Kough seconded, approval of the 2007 sign pem1it for City uses and promotions as listed in the 2007 Sign Summary dated January 8, 2007, attached hereto and made a part thereof. Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. Approve Job Classification Change for Administrative Support Position Pust moved, Kough seconded, authorizing the restructure of the half-time Office Assistant position to a three-quarter time Senior Office Assistant at Salary Grade 6. Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. Approve the Solicitation of Donations for Park and Recreation Special Events Pust moved, Kough seconded, authorization to the City Manager and designated staff to send letters requesting donations and/or support for those scheduled City of Roseville Parks and Recreation events and activities in 2007; those days as listed in the Request for Council Action dated January 8, 2007, as attached hereto and made a part thereof. Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. Job Classification Change for Administrative Support Position Solicitation of Donations for Park and Recreation Special Events City Council Regular Meeting - 01/08/07 Minutes - Page 8 3.n Approve Railroad Crossing Signal Agreements for Long Lake Road and Terminal Road Pust moved, Kough seconded, approval [by adoption of Resolution No. 10468 and Resolution No. 10469] of Railroad Crossing Signal Agreement No's. 90449 and 90450 with Minnesota Commercial Railway Company and the Minnesota Department of Transportation (MnDOT) for the Long Lake Road and Terminal Road railroad crossings. Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. 3.0 Renew Electrical Inspections Service Contract Pust moved, Kough seconded, approval of the 2007 Service Agreement between the City of Roseville and Tokle Inspections, Inc.; and authorizing the Mayor and City Manager to sign the agreement, pending review by the City Attorney. Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. Consider Items Removed from the Consent Agenda 3.h Designate 2007 Acting Mayor Mayor Klausing recommended appointment Councilmember Pust as Acting Mayor for 2007. Mayor Klausing recognized, from discussions with Councilmember Roe, the need for future Council discussion for future appointments and a process to follow. Councilmember Kough referenced State Statute regarding the City Council appointing the Acting Mayor; and opined that the appointment should be done by seniority, supporting Councilmember Ihlan's appointment as next senior member of the current City Council. Resolution 10468 Resolution 10469 Railroad Crossing Signal Agreements for Long Lake Road and Terminal Road Electrical Inspections Service Contract Items Removed from the Consent Agenda 2007 Acting Mayor of City Council Regular Meeting - 01108/07 Minutes - Page 9 Mayor Klausing noted that while he didn't disagree with Councilmember Kough's opinion, he noted his intent to move nomination of Councilmember Pust as Acting Mayor for 2007, and sought a second for such a motion. Public Comment John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn provided his historical perspective, noting that during his tenure as Mayor, the role of Acting Mayor was based on which Council member had the most available time to serve in that capacity. Councilmember Kough reiterated his preference that the appointment should be made on a seniority basis; and moved amendment to the motion to appoint Councilmember Ihlan as Acting Mayor for 2007 due to her seniority. Councilmember Roe sought clarification, and Mayor Klausing concurred, and as Chair ruled the motion out of order. Klausing moved, Pust seconded, appointment of Councilmember Pust as Acting Mayor for 2007. Councilmember Roe noted that his primary issue was concerning the need for additional policy discussion of the matter by the City Council. Councilmember Pust, when questioned by Councilmember Kough, advised that she had the time commitment to serve as Acting Mayor and expressed her willingness to serve, if so appointed by the City Council. Councilmember Ihlan concurred with Councilmember Kough, noting that the appointment was a City Council decision, not a Mayoral appointment; and opined that it made more sense to have the appointment done on a seniority basis to avoid political appointments. Councilmember Ihlan advised that she was willing to serve as Acting Mayor if appointed by the City Council; and City Council Regular Meeting - 01108/07 Minutes - Page 10 noted the need for a policy to follow. Mayor Klausing concurred that a discussion and policy ramifications needed to be considered, as a separate discussion. Mayor Klausing further concurred that the appointment not be politically motivated, and should be a City Council decision. Roll Call Ayes: Roe; Pust; Ihlan and Klausing. Nays: Kough. Mayor Klausing directed staff, at the upcoming Study Session, to include discussion of the Acting Mayor appointment, in context and as part of the broader operations and expectations discussion requested by Councilmember Roe. Councilmember Pust noted that, under statute, while the appointment needed to be made at tonight's meeting, following a policy discussion there was nothing in the statue preventing changing the Acting Mayor. 3.1 Approve Mayor's Appointment of Dean Maschka to the Housing and Redevelopment Authority (HRA) Councilmember Kough opined the need to open applications to the public for openings on any board or committee. Councilmember Kough observed that the proposed appointment was for a five year term; and reiterated the need to adhere to established policy for applications and interviews. Mayor Klausing noted that the rationale for appointing Mr. Maschka was to solicit his continued service as a citizen member to the HRA, following the expiration of his service as Councilmember and appointment to the HRA in that capacity. Mayor Klausing concurred that, as other vacancies occur, the application and interview process be followed. Mayor Klausing noted the advantages with Councilmember Pust serving as Council representative on the HRA and Mr. Maschka's vast experience serving the City and his interest in housing, allowing the City Council Mayor's Appointment of Dean Maschka to HRA City Council Regular Meeting - 01108/07 Minutes - Page 11 improved communication with and representation on the HRA. Klausing moved, Roe seconded, appointment of Mr. Dean Maschka as a member of the Roseville Housing and Redevelopment Authority to fill a vacancy, for a five year term, beginning with Council concurrence of this appointment, and expiring December 31, 20 II. Councilmember Ihlan questioned the actual appointment, and the term of such appointment and the actual vacancy being filled; and concurred with Councilmember Kough's recommendation for following the policy for public notice for applications and process. Additional discussion ensued regarding the actual term, whether Mr. Maschka's original term as Councilmember or filling a previously unexpired term, and what the actual term was. Mayor Klausing asked that, if the City Council were going to eventually appoint Mr. Maschka, that they do so now, and not require the whole application and interview process, allowing the process to proceed with future vacanCIes. Councilmember Kough expressed his surprise and disappointment to read in the newspaper that Mr. Maschka was going to serve on the HRA; and questioned the "Chicago-style" politics apparently being pursued. Roll Call Ayes: Roe and Klausing. Nays: Kough; Pust and Ihlan. Motion failed. Councilmember Pust suggested that, following receipt of applications from interested citizens; if warranted, the interviews be eliminated if only Mr. Maschka's and one previous application to the HRA was received. Councilmember Pust spoke in support of Mr. Maschka's City Council Regular Meeting - 01108/07 Minutes - Page 12 expertise and excellence as a candidate to the HRA. Mayor Klausing directed staff to advertise for a vacancy on the HRA, following the normal process, with potential interviews discussed following receipt of applications. Councilmember Ihlan requested clarification regarding the length of term being sought. 4. Recognitions, Communications and Donations 4.a Proclamation of January 15, 2007 as Martin Luther King, Jr. Day Kough moved, Pust seconded, proclamation, Monday, January 15,2007, as Martin Luther King Jr. Day in the City of Roseville; and urged all citizens to join together to recognize, praise and honor the efforts of Rev. Dr. Martin Luther King, Jr. Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. 4.b Accept Fire Act Grant Klausing moved, Pust seconded, acceptance of the Assistance to Firefighters Grant award to the City of Roseville, in the amount of $254,777, with a City match of $25,477, from the Fire Department's Equipment Capital Budget. Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. 5. Present Feasibility Report and Set a Public Hearing for Neighborhood 10 Engineering and Assistant Public Works Director Deb Bloom reviewed the history of and for Neighborhood 10 consisting of all or portions of Asbury Street, Snelling Avenue to City Limits, Ridgewood Road, and Asbury Street to City Limits. Recognitions, Communications and Donations Proclamation Martin Luther King, Jr. Day Accept Fire Act Grant Resolution 10470 Present Feasibility Report and Set a Public Hearing for Neighborhood 10 City Council Regular Meeting - 01/08/07 Minutes - Page 13 Ms. Bloom reviewed the City's Pavement Management Program, as established in 1984; status of street maintenance and reconstruction to-date; and how evaluations and ratings were processed. Ms. Bloom noted the ongoing maintenance expenses of approximately $40,000 to-date; continuing deterioration of the roadbed; and resistance of the homeowners in the neighborhoods regarding proposed reconstruction, with reconstruction proposed in 2998 and again in 2001, with residents petition enforce against reconstruction. Ms. Bloom addressed increasing costs for reconstruction the longer the much-needed project was delayed. Ms. Bloom addressed the adjoining roadways within the jurisdiction of Arden Hills, and the City's Joint Powers Agreement for engineering services provided by the City of Roseville; and the City of Arden Hills PMP scheduling improvements between 2012 and 2017 in accordance with their Capital Improvement Plans. Ms. Bloom reviewed varying opmlOns of affected Roseville residents at her most recent meeting with them on December 7, 2006; and their preference for involvement by the City of Arden Hills in the project, in an effort to create disruption to the neighborhood only once, and for cost-sharing purposes. Ms. Bloom noted that the Roseville portion of the adjoining roadways was in much worse shape that the Arden Hills portions, possibility due to differing road bases between the communities, or maintenance over the years; and advised that there was no guarantee the City of Arden Hills City Council would vote to participate in reconstruction at this time. Ms. Bloom presented several options for Council and community consideration, one proposing reconstruction in 2007 and another for 2008 reconstruction. Ms. Bloom addressed related improvements related to water quality and driveway replacements. Ms. Bloom detailed the project cost estimates at $350,771.68, with $279,553.78 in street reconstruction costs and $71,217.90 in storm sewer construction costs; with proposed funding from street infrastructure funds, the storm water utility fund and property assessments. Ms. Bloom reviewed the proposed projected and preliminary assessment rates of $32.30 per foot and reviewed the City Council Regular Meeting - 01/08/07 Minutes - Page 14 City's existing assessment policy. Mayor Klausing clarified that he purpose of tonight's meeting was simply to receive the feasibility report and schedule the public hearing for January 29,2007. Ms. Bloom concurred; however recognized the number of citizens in attendance, thus the detail for her presentation to avoid any confusion prior to the proposed public hearing; and to receive feedback, in addition to that already received by staff at City Hall and in informational meetings with affected residents and the amount of interest they've expressed. Mayor Klausing advised that the Council was sensItIve to neighborhood concerns, but sought not to duplicate the process and receive public comment tonight as well as at the public hearing, in an attempt to proceed with other agenda items. Mayor Klausing noted that this was an example of the Council attempting to balance individual neighborhood concerns and interests with those of the entire City, and attempting to provide a cost-effective solution rather than the entire community subsidizing continuing maintenance for a specific neighborhood, rather than proceeding with reconstruction as indicated by the ratings. Discussion included assessment deferrals; no applicable Mutual State Aid (MSA) funds for this roadway; assessable footage only to Roseville residents by the City of Roseville; and replacement of individual service lines by residents in conjunction with the reconstruction project. Councilmember Ihlan suggested that staff contact the City of Arden Hills at the Council level, rather than staff level, to determine their interest to determine if going forward was a realistic option, aiming for a 2008 reconstruction project to involve Arden Hills; and requested that the information be brought back to the Roseville City Council to assist in their decision-making; specifically those residents along Glen Paul Road. Ms. Bloom advised that she would consult further with the City of Arden Hills' City Administrator. City Council Regular Meeting - 01/08/07 Minutes - Page 15 Additional discussion included reasons for road deterioration in Roseville versus that of Arden Hills due to road base and depth of bituminous covering over the years, as well as soil composition; options for ordering the project, seeking collaboration with Arden Hills or ordering the project conditionally; and whether or not to schedule the public hearing on January 29,2007. It was Council consensus that the public hearing be scheduled; but to seek comment from any residents attending tonight and unable to attend the January 29, 2007 meeting. Public Comment Carol Stellwagen, 3096 Ridgewood Road Ms. Stellwagen questioned if those properties sharing frontage in Arden Hills and Roseville could be defaulted to when Arden Hills completes their project; and suggested that the City of Roseville to their reconstruction up to those properties, with the other properties included in the Arden Hills project. Ms. Bloom identified three potential properties that would be impacted and that shared common footage between the two communi ties. Herb Mischke, 3100 Ridgewood Road Ms. Mischke noted that twice the City Council had been sensitive to the concerns expressed by the neighborhood; and sought their sensitivity again in achieving a seamless reconstruction that would not adversely impact property values, with many homes in the area owned by elderly homeowners and probably changing ownership and changing demographics in the neighborhood within the next few years. Mr. Mischke noted the advantages of having Ms. Bloom serving as Engineer for both cities; and the advantages of both communities partnering on the reconstruction project, with Ms. Bloom steering that process. Kough moved, Ihlan seconded, adoption of Resolution No. 10470 entitled, "Resolution Receiving Feasibility Report on Neighborhood 10 Reconstruction Project and Ordering Public Hearing," to be scheduled for January 29,2007 at 6:00 p.m. City Council Regular Meeting - 01/08/07 Miuutes - Page 16 Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. Ms. Bloom advised that she would be in contact with the City Council, as well as the City Manager for the City of Arden Hills. Councilmember Pust encouraged Roseville residents to meet with the Arden Hills City Council and voice their opinions regarding this joint project. 6. Consider Twin City Co-op Federal Credit Union Conditional Use Permit (CUP) at 1880 Perimeter Road (Denny's Restaurant Site (PF 3799) Community Development Director John Stark reviewed the request of Twin Cities Co-Op Federal Credit Union for a Conditional Use Permit to allow the addition of a drive-thru facility as a component of their plans to redevelop the Denny's restaurant site plan at 1880 Perimeter Drive, with a 6,000 square foot single story financial institution, with the first phase consisting of approximately 4,500 square feet. Mr. Stark reviewed compatibility with adjoining properties; impacts on traffic, public facilities, and property values; impact on the general health, safety and public welfare; and compatibility with the City's comprehensive plan. Mr. Stark advised that the Planning Commission voted unanimously to recommend approval of the request, subject to modified conditions; and advised that staff concurred with that recommendation, based on the comments of Section 5 and the findings of Section 6 of the project report dated December 6, 2006. Discussion included staff's and the Planning Commission's rationale for language changes in Condition 8.6.E related to extension of the permitting process as requested by the applicants; proposed square footage of the facility (up to 6,000 square feet); parking requirements with potentially expanded use; and design of the facility. Resolution 10471 Twin City Co-op Federal Credit Union CUP 1880 Perimeter Road (Denny's Restaurant Site (PF 3799) City Council Regular Meeting - 01/08/07 Miuutes - Page 17 Cindy Hartley, 2025 Larpenteur Avenue W, Falcon Heights, MN, representing Twin Cities Co-ops Federal Credit Union; and Rob Brandwick, Architect with HTG Architects, 19200 Broadmoore Drive, Eden Prairie, MN were both present for the applicant(s). Discussion among the Council and applicant included alternative parking if the proposed addition were phased into the proposed design; traffic impact studies as part of the Design Review Committee process; and due diligence to make sure a CUP is possible prior to finalizing purchase of the property, common to most commercial real estate transactions. Pust moved, Ihlan seconded, adoption of Resolution No. 10471 entitled, "A Resolution Approving a Conditional Use Permit in Accordance with Roseville City Code, Sections 91005.015 and 91013.01, for Denny's Realty and Twin Cities Co-op Federal Credit Union, 1880 Perimeter Drive (PF 3799)." Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. 7. Continue Public Hearing to Consider a Moratorium on Single -Family Residential Subdivision Mayor Klausing reconvened the Public Hearing, continued from the December 18,2006 Council meeting at 8:00 p.m. Community Development Director John Stark provided a brief report, noting that the staff report originally presented at the December 18, 2006 Council meeting had been updated as highlighted in the January 8, 2007 version; and included written comment from Ruth Partridge regarding her six acre parcel of land at 3008 and 3010 Cleveland Avenue requesting exemption from the moratorium, and an e-mail from Darrel LeBarron and his property at 2101 W County Road B and their location in a "core block" making up a "large-lot group" in the City. At the request of Mayor Klausing, Mr. Stark clarified that there were currently two pending land use applications for subdivision that would be exempted from any moratorium enacted tonight: Ordinance 1343 Continue Public Hearing to Consider a Moratorium on Single -Family Residential Subdivision City Council Regular Meeting - 01108/07 Minutes - Page 18 those of Art Mueller on Acorn Drive, and that of the Stafue family on Woodlyn Avenue. Mr. Stark further noted that an additional application received by Staff last Friday for the Partridge properties at 3008 and 3010 Cleveland A venue converting two properties into a Planned Unit Development for potential senior housing would also be exempt. Councilmember Kough spoke in support of a moratorium to allow the City time for an overall review of the City's large lots and neighborhood character concerns. Mr. Stark displayed a map identifying, while not all inclusive, 190 buildable residential parcels readily visible to staff for potential subdivision. Staff had provided several options for Council consideration related to a moratorium; or for directing staff to make practical changes to the City Code related to such splits, recognizing minimum lot dimensions, front yard lot lines and configurations, and parcels subdivide being serviced by a public street. Ihlan moved, Kough seconded, Interim Ordinance No. 1343 entitled, "An Interim Ordinance Adopting a Moratorium on Residential Subdivisions for Properties located within the City of Roseville," for a residential lot split moratorium in order to conduct a study of the positive and negative impacts of splitting or otherwise affecting single-family residential lots in a manner that results in a greater housing density on those lots; commencing on the effective date of this ordinance and continuing for a period not to exceed one year from the date it is effective. Councilmember Roe noted his concerns with the language of the proposed ordinance as written, and as previously expressed by the Planning Commission, opining that a more refined and specific definition of what the study was seeking was necessary, rather than the more open-ended language in the draft ordinance; further opining that he could not support the ordinance as currently worded. Councilmember Pust shared Councilmember Roe's concern; along with the length of time proposed for the ordinance and restrictions on property owner use of their land; and supported a City Council Regular Meeting - 01/08/07 Minutes - Page 19 shorter deadline if the Council majority chose to enact such an ordinance. Councilmember Ihlan spoke in support of the motion, opining that the scope of the study had previously been identified in Council discussions; and a review of City ordinances, some in place since the 1950's, was in order. Councilmember Ihlan noted the scope of the study included policy issues related to minimum lot dimensions, odd lot sizes and configurations, neighborhood characteristics, impacts to adjoining properties, and environmental impacts. Councilmember opined that she was supportive of the City Council, with the assistance of staff and the Planning Commission, drive the ordinance review, using sample ordinances from the Cities of Edina and Bloomington as previously discussed; and was willing to reduce the proposed time of the moratorium to six months rather than one year. Mayor Klausing concurred with the concerns expressed by Councilmember Roe regarding the open-endedness of the proposed ordinance language; and opined that this was a very severe and dramatic action for the City Council to take, and his lack of support for the proposed duration of the ordinance. Mayor Klausing offered support for reviewing other options available, including looking at gaps in the City's current zoning system to avoid situations for undesirable land uses; but questioned the need for a moratorium, noting the few applications received seeking exemption, rather than the many anticipated after the last Council discussion. Mayor Klausing concurred that a more specific definition of the Council's scope of study was needed; and asked if the makers of the motion would consider a duration of less than one year for the proposed moratorium. Councilmember Kough reiterated his support of the moratorium; opining that he could support a six month time frame. Councilmember Ihlan expressed her willingness to discuss shortening the duration, as long as a moratorium were in place to consider policy implications for subdivisions without the pressure of pending land use applications; and encouraged the City Council to be proactive on this issue. City Council Regular Meeting - 01/08/07 Minutes - Page 20 Councilmember Pust expressed her concern regarding the proposed language and sought assistance from City Attorney Scott Anderson. Mr. Anderson provided a bench handout with minor language changes incorporation revised language to Section 2 entitled, "Subdivision Moratorium," in response to recent changed in Minnesota Statute language, Section 462.355; and recognizing the three exempted land use applications. Discussion was held with City Engineer Deb Bloom and City Attorney Anderson, clarifying for the Council the permitting process and storm water retention concerns as a separate and distinct issue from the subdivision ordinance itself; and the need for all land use applications to meet Zoning Ordinance and City Code requirements. Councilmember Roe clarified his comments; opining that he could only support an interim ordinance, with language amendments specifically detailing the minimum scope of the study being undertaken. Councilmember Pust spoke in support of incorporating the language as suggested in the staff report dated January 8, 2007, Section 3.2, as attached with the three specific questions that could be analyzed to meet Councilmember Roe's requested level of specificity and further defining the scope of study. City Attorney Anderson cautioned the City Council on reducing the duration of the moratorium, noting that the ordinance could be repealed at Council's discretion if the study were completed before the one year duration, but could not be extended without meeting certain criteria as outlined by State Statute; and suggested incorporation of the staff's practical considerations for code changes into Section 4 of the draft ordinance. Mayor Klausing called for public comment at this time. Public Comment Quintin Heckert, 3050 Woodbridge Street Mr. Heckert requested clarification of pending applications, which City Council Regular Meeting - 01/08/07 Minutes - Page 21 was provided by staff and City Attorney Anderson. Mr. Heckert opined that the map provided by staff did not include lots that were in excess of 20,000 square feet; and that under certain conditions, could be subdivide with a minimally compliant lot, but injected into neighborhoods with much larger lots, and still meet existing code (i.e., Woodlyn Park); and encouraged the City Council to address that and similar conditions as well. Ms. Chris Simonson, 3061 Rice Street Ms. Simonson spoke in support of the proposed moratorium, opining that the same issues and concerns regarding subdivisions have been before the City Council for years, and nothing has been done to change current code; further opining that a moratorium was needed to keep the City Council focused to find resolution and address changing land use issues over the City's development over the last fifty (50) years. Ms. Simonson recognized the scope of study as previously identified by staff in their reports; and encouraged the City Council to take action and adopt the moratorium tonight to avoid further delay. A brief clarification was discussed with the City Attorney on the Public Hearing process for land use cases. Vivian Ramalingam, 2182 Acorn Road Ms. Ramalingam thanked Councilmember Kough for his comments and the need to address environmental and tree concerns; and expressed concern with how best to make their opinion available to the City Council. Mayor Klausing noted that written comment can be directed to City Hall for specific distribution to any and/or all Councilmembers; as well as e-mail contact, as noted on the City's website, with Councilmembers. Mayor Klausing advised that the City was in the process of redesigning the web site to make it more accessible and user- friendly. Darrel LeBarron, 2101 W County Road B (Acorn Road area) Mr. LeBarron noted his two (2) e-mails to Councilmembers City Council Regular Meeting - 01108107 Miuutes - Page 22 requesting that they not support a moratorium; opmmg that Roseville exceeded average lot sizes in his random sampling of surrounding communities; and further questioned the quality of the Edina ordinance, noting that it was fifteen (I5) years old, and pre-dated Metropolitan Council standards for the City to meet affordable housing goals and increase density. Mr. LeBarron further opined that the City of Roseville was not accessible to families with children due to housing costs for larger lots, and was inconsistent with School District goals. Mr. LeBarron reiterated his request that the Council not support a moratorium; and encouraged them to continue working with staff on providing additional affordable, single-family housing in the community. John Winston, representing Ruth Partridge, 3008/3010 Cleveland Avenue Mr. Winston, for the record, clarified that the application filed with the City for the above-referenced properties were exempt from the provisions of the ordinance should it be adopted tonight. Mr. Stark clarified that the land use application was exempt, with the possible caveat addressed by City Attorney Anderson previously, and noted that the Public Hearing at the Planning Commission level for the land use application was scheduled for the February 2007 Planning Commission meeting. John Kysylyczyn - 3083 N Victoria Street Mr. Kysylyczyn spoke in support of a study to reduce Council meeting cost and time on land use issues; and to determine and support the legislative intent of past City Councils regarding land subdivisions. John Stark Mr. Stark opined that staff was adept at identifying unique properties and those applications not meeting the intent of the ordinance; and suggested study be focused on minimum lot sizes in larger lot neighborhoods, and whether subdivisions should be allowed. Mayor Klausing closed the Public Hearing. Mayor Klausing attempted an amendment to the motion currently City Council Regular Meeting - 01/08/07 Minutes - Page 23 on the table. Councilmember Ihlan registered a point of order concern and appealed to the Council majority for a ruling. The appeal of Councilmember Ihlan was upheld by Council majority on a four/one (Klausing) vote and Mayor Klausing yielded the floor the Councilmember Ihlan. Councilmember Ihlan proposed language reVISIOns to the proposed ordinance as follows, substituting the City Attorney's revised draft as a friendly amendment: · Section 2 entitled. "Subdivision Ordinance." changed to read: "The Roseville City Council hereby adopts a moratorium, pursuant to Minnesota Statute, Section 462.355, Subd. 4, on the receipt and processing of [llll" ]J8f1tlbrg] or future requests for subdivisions of lots zoned R-1 single family residential, whether these take the form of requests from minor subdivision approval, major subdivision approval, subdivisions involved in planned unit developments, any replatting or recombination or changing of lot lines, or any other action which otherwise creates one or more new lots, with the boundaries of the City of Roseville. " · Section 3 entitled. "Duration of Moratorium." changed to read... "not to exceed six (6) months." rather than one (1) year from effective date. · Section 4 entitled. "Review of Subdivision Reflulations." changed to read: "The Roseville City Council hereby [iI18tmtJt& llml tliree-t3 {fie RfJ88l"ilIe ."ltt.'wi:rg CfJ.'1lmfflSifJII tff] undertake[5.I a study [reflardinfll, [a:III tfJ lIfJlll] public meetings...." AND · Incorporating language as an additional paragraph to Section 3, as per the staff report dated January 8, 2006, Section 3.2,asfollows: The City Council will consider practical changes to the City code as it relates to such splits, includinfl. but not limited to: · Minimum dimensions of a single-family lot in an area unaffected by lake shore regulations shall be 85 feet in width and 11,000 square feet in area UNLESS the average dimensions of single-family residential lots within City Council Regular Meeting - 01/08/07 Minutes - Page 24 500 feet of that proposed lot exceeds 100 feet in width and 13,000 square feet in area - in which case the minimum width of said lot shall be 100 feet and minimum lot area shall be 13,000 in area; · Front yard lot lines must be predominantly (i.e. 80% or greater) perpendicular to the street on which itfronts - or, in the case where a lot is fronted on a curved street, must be a predominantly straight line; · All single-family parcels created as a result of any lot split must be served by an existing public street or, in the absence thereof, be conditioned upon the approval of a Public Improvements Agreement to create a public street. As the seconder of the motion, Councilmember Kough concurred with the friendly amendments. Additional discussion ensued regarding the duration of the proposed moratorium; actual body to undertake the study; and how best to use staff, the Planning Commission and public input under City Council direction. Klausing moved, Pust seconded, reVlsmg Section 3 entitled, "Duration of Moratorium," to not exceed ninety (90) days from the effective date of the ordinance. Mayor Klausing spoke in support of the shorter duration; opining that study can be done without a moratorium in place that would severely impact property owner rights; and further opined that, in the spirit of compromise, he was willing to accept the proposed changes to the ordinance, with a shorter duration. Councilmember Pust noted that, if necessary, the study could be extended, but not with the moratorium in place, with applications accepted after the ninety (90) day period. Roll Call [Amend duration to ninety (90) days] Ayes: Kough; Pust and Klausing. Nays: Roe and Ihlan. Motion carried. City Council Regular Meeting - 01/08/07 Minutes - Page 25 Roll Call [Original motion as amended] Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. Recess Recess Mayor Klausing recessed the meeting at approximately 9:00 p.rn. and reconvened at 9: 10 p.rn. 8. Consider a Conditional Use Permit (CUP) for Brian Ash at 2550 Snelling Curve (PF 3795) Associate Planner Bryan Lloyd reviewed the request of Mr. Ash for a Conditional Use permit for the purpose of constructing a 908 square foot detached garage; with unanimous Planning Commission and staff recommendation for approval of the CUP, based on comments and findings outlined in Sections 5 and 6 of the report dated January 8, 2007. Discussion included height of the garage in accordance with City Code; driveway aprons at multiple garage doors; and standard notification requirements being provided to neighbors. The applicant was present; but had no comments, and the City Council had no questions of the applicant. Kough moved, Roe seconded, adoption of Resolution No. 10472 entitled, "A Resolution Approving a Conditional Use Permit (CUP in Accordance with Roseville City Code, Sections S1004.01A4 and SI013.01, for Brian Ash, at 2550 Snelling Curve (PF 3795)." Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. 9. Appeal of Administrative Zoning Decision Community Development Director John Stark reviewed a written letter dated December 15, 2006, for Council consideration of an appeal of an administrative ruling of the Community Development Director regarding the interpretation of the Zoning Ordinance as it applies to 436 Lovell Avenue. Mr. Stark reviewed various complaints received by staff; Resolution 10472 Conditional Use Permit for Brain Ash at 2550 Snelling Curve (PF 3795) Appeal of Administrative Zoning Decision City Council Regular Meeting - 01/08/07 Minutes - Page 26 conversations with the property owner as to the actual use of the single-family home being used for business purposes; and his determination that the property did not meet criteria for a "low impact quasi-public use," as represented by the property owner. Mr. Stark observed that, while serving disabled citizens is laudable, it didn't change staff's interpretation of the City Code regarding design, parking and signage standards for an office use as defined by Code. Mr. Stark advised that City Attorney Jay Squires had concurred with staff's interpretation. Neither the applicant nor their representatives were present at tonight's meeting. Public Comment Harold Ristow, 2356 Tophill Circle (bordering Lovell- cul-de-sac) Mr. Ristow advised that, as a thirty-seven (37) year resident at his property, there had never been any problem with someone running a business before in their residential neighborhood. Mr. Ristow noted that the street was a dead end; that he had counted as many as twenty (20) vehicles parked at the subject property at any given time; addressed winter snow plowing operations and street maintenance issues; and the proximity of a school bus stop alongside parked cars, creating public safety concerns for debarking students. Mr. Ristow noted that the demographics of the single-family residence neighborhood were not compatible with the use of the subject property. Neighborhood Resident Resident noted issues being created when staff training meetings were being held on site by this owner of apparently numerous group homes; the issues created for the neighborhood character; public safety concerns for children playing in the usually minimally-impacted traffic area; the need to retain the residential character of this single-family area; and the incompatibility of a business in the residential neighborhood. John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn opined that an Interim Use Permit was appropriate for this property, similar to one issued by the City at Lexington Avenue and Highway 36 for that parcel. City Council Regular Meeting - 01/08/07 Minutes - Page 27 Rita Zoff, 412 Lovell Avenue (one home removed from house under discussion) Ms. Zoff advised that the property owner had been in business for a considerable time, and alleged that the property owner knew they were violating City Code when then began using the property for business use. Ms. Zoff noted that there were other neighbors concerned, but unable to attend tonight's meeting. Harold Ristow Mr. Ristow opined that if the applicant wasn't present, they apparently had nothing to say; and further opined that the City Council needed to take steps to shut them down. Mayor Klausing thanked the residents for their comments; noting they would be retained as part of the record, as the City considered this issue. Following further discussion, Mr. Stark requested additional time for staff to ensure that the applicant had received proper written notice of tonight's meeting and proposed discussion of their appeal. Mr. Stark clarified that the business had been operating at this site since October I, 2006. City Attorney Anderson concurred that, pursuant to City Code, Section 108 and the City Council acting as the Board of Adjustments and Appeals, adequate written notice should be provided to the property owner. Mr. Stark noted that noticing responsibility language was a scope of ordinance language that needed to be clarified further in separate action, allowing more consistency and providing more clear direction for staff to interpret. Mayor Klausing and Councilmembers Pust and Ihlan concurred that they had heard no evidence to-date that the administrative ruling was incorrect; and assured residents that the delay was to ensure a legal and appropriate process for all parties. Klausing moved, Pust seconded, tabling action regarding appeal of the Community development Director's Administrative Ruling City Council Regular Meeting - 01/08/07 Minutes - Page 28 that the use in question (office for Partnerships for Minnesota Futures, Inc.) is not a low impact public or quasi-public use, until the January 29, 2006 regular City Council meeting; and directing staff to provide written, mailed notice to the property owner regarding the proposed date for consideration of the appeal. Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None. Council-Initiated Agenda Items for Future Meetings Planning Commission Vacancies Councilmember Roe respectfully requested that the City Council consider speeding the process for filling the vacancies to the Planning Commission, given the pending workload of the body; suggesting that once applications close on January 16, interviews be immediately scheduled for the two (2) vacancies on the Planning Commission at the January 22, 2007 Study Session and their appointments scheduled at the January 29, 2007 regular City Council meeting; allowing the seats of Councilmember Roe and Commissioner Traynor to be filled and in place by the Planning Commission's March meeting. Councilmembers concurred to this fast track for the Planning Commission as outlined and directed staff to schedule interviews for Planning Commission vacancies in conjunction with the January 22, 2007 Study Session. Audit Committee Councilmember Kough requested that the Audit Committee be discussed at the January Study Session; as well as additional discussion regarding ongoing contract maintenance concerns, specifically the pending contract renewal with Marsden for janitorial services at City facilities. Imagine Roseville 2025 Community Visioning Report Councilmember Pust questioned the timing for availability of the final report from Ms. Carroll and supporting documents. Mr. Miller advised that he was awaiting word from Ms. Carroll; Council-Initiated Agenda Items for Future Meetings City Council Regular Meeting - 01/08/07 Minutes - Page 29 but had tentatively scheduled discussion at the January Study Session, as part of a broader discussion on goal setting and priorities for 2007. City Council Operational Norms Councilmember Roe suggested discussion at the January Study Session of general standards for conducting business, taking examples and impetus from the community visioning process; and encouraged individual Councilmembers to provide staff with their thoughts prior to the meeting. Moratorium Process Councilmember Ihlan recommended initial discussion at the January Study Session, given the 90-day time frame for the moratorium, regarding a realistic process. Mayor Klausing concurred; and staff was directed to include discussion at the January Study Session. 10. Adjourn The meeting was adjourned at 9:45 p.m. Adjourn City Council Regular Meeting - 01/08/07 Minutes - Page 30 ATTEST: , Mayor o ~ o ~ (.? b Z.D ... E ~ ~ k> ... 0 .D E-<~t ~ 0 "0 o o c en .~ " <( . . c .1f '" 9~ -o::c: a 'e! o 0 ~B o " .e ~ .D 0 ~ 0 - ~ O~ .8 E 15152 '5 ""8 .g \CI .s .s c<:l ~ ~ Cd > ~ o o .~ z] o ~ ... ~ '"' 0 ..:J! gl~ ~ E " ~ . . . " z o ... 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S. c- ~ '" ~ 002] ~:-2 .~ >,0-0 n:;>"2 Cd >-,"0 E'<;:; "[i) .~ u 6 e b Z 8:~ -q <r: '(I) ~ . . o :5 u ~ 3 ~ ~ " 0:: -0 o o ii3 1 o '" REQUEST FOR COUNCIL ACTION DATE: 1/08/07 ITEM NO: 3.m Item Description: Authorizations to S Special Events Agenda Section: Consent Department Approval: onations for Various Parks and Recreation BACKGROUND The City Council established a policy in February of 1997 requiring Council approval of formal written request for donations to the City. The City has annually requested support from community groups and businesses for several special events. A typical letter of request is attached. The activities that the authorization is requested to seek donations for include: Volunteer Recognition Banquet -- January-February Earth Day -April Spring Celebration - March-April Summer Concert Series-- May-August Rose of Many Colors Art Program -March -August Rosefest -- June-July July 4th Party in the Park - July Battle of the Bands - July Mosquito Festival - July Movies in the Park - July-August Halloween Event -- October Holiday Event - December New Year's Eve Event- December POLICY The following is the City of Roseville's policy regarding the solicitation of donations. To avoid conflict of interest or appearance of impropriety, the solicitation of donations by City staff is not permitted except by: II Authorization by the City Council andlor. III Distribution of an annual Roseville Donor Opportunity Program in the February issue of the City Newsletter. The Council approves all the donations received. FINANCIAL IMPLICATIONS Approved donations for these events may result in a budget reduction. STAFF RECOMMENDATION Staff recommends the authorization as per City policy for the requesting of donations for the following special events: Volunteer Recognition Banquet -- January-February Earth Day -April Spring Celebration - March-April Summer Concert Series-- May-August Rose of Many Colors Art Program -March -August Rosefest -- June-July July 4th Party in the Park -- July Battle of the Bands - July Mosquito Festival - July Movies in the Park - July-August Hallo\,veen Event -- October Holiday Event - December New Year's Eve Event- December REQUEST FOR COUNCIL ACTION Motion authorizing the City Manager or his designee to send letters requesting support for: Volunteer Recognition Banquet -- January-February Earth Day -April Spring Celebration - March-April Summer Concert Series-- May-August Rose of Many Colors Art Program -March -August Rosefest -- June-July July 4th Party in the Park - July Battle of the Bands - July Mosquito Festival - July Movies in the Park -- July-August Halloween Event -- October Holiday Event -- December New Year's Eve Event- December 2.9 Any such Interim Moratorium Ordinance would not affect the "60-day clock" for applications received prior to its adoption. 3.0 SUGGESTED ACTION: 3.1 Consider an Intelim Ordinance for a residential lot split moratorium in order to conduct a study of the positive and negative impacts of splitting or otherwise affecting single- family residential lots in a manner that results in a greater housing density on those lots. 3.2 As a ossible altemative to establishin a moratorium t stud the im lication of chan in City policy regarding lot splits, staff could be directed to make practical changes to the code as it relates to such splits. Examples of such practical changes might include: o Minimum dimensions of a single family lot in an area unaffected by lake shore regulations shall be 85 feet in width and 11,000 square feet in area UNLESS the average dimensions of single family residential lots within 500 feet of that proposed lot exceeds 100 feet in width and 13,000 Sq. feet in area - in which case the minimum width of said lot shall be 100 feet and minimum lot area shall be 13,000 in area~ o Front yard lot lines ItlUst be oredorninantlv (i.e, 800/0 or greater) peroendicular to the street on which it fronts - or, in the case where a lot is fronted on a curved street, must be a predominantly straight line. o All single family parcels created as a result of any lot split must be served by an existing public street or, in the absence thereof, be conditioned upon the aspproval of a Public Improvements Agreement to create a public street. SF Lot Split Moratorium CITY OF ROSEVILLE ORDINANCE NO. AN INTERIM ORDINANCE ADOPTING A MORATORIUM ON RESIDENTIAL SUBDIVISIONS FOR PROPERTIES LOCATED WITHIN THE CITY OF ROSEVILLE THE CITY OF ROSEVILLE HEREBY ORDAINS: SECTION 1. Purpose. The City of Roseville has, over the past several years, been faced with requests for subdivision approval in the context of many differing permit approval processes. These requests have led the City Council to question whether it's current regulations, as set fmih in the zoning ordinance and its subdivision controls, and the CUlTent regulatory standards as set fmih in those documents, adequately encompass goals, policies and objectives that the City of Roseville wishes to follow in order to advance the interests of public health, safety and welfare. The City recognizes that development and redevelopment as represented by subdivision requests that come before the City pose challenging questions that need to be examined due to the nature and extent of the particular requests, the various and unique features of parts of the City, and questions relating to the goals that the City wishes to advance through regulation of the subdivision process. The intent of this moratorium is to provide the City a reasonable period of time to review existing land use and development policies and proactively plan for future subdivision within the City of Roseville. During the moratorium period, the City will, through the Roseville Planning Commission, undertake a process to review its land use plan and objectives, its ordinances, and receive input and infonnation as it deems appropriate and necessary to determine what type and fonn of subdivision regulation is best for the public health, safety and welfare of the community. SECTION 2. Subdivision Moratorium. The Roseville City Council hereby adopts a moratorium, pursuant to Minnesota Statute Section 462.355, Subdivision 4, on the receipt and processing of any future requests for subdivisions of lots zoned R-l single family residential, whether these take the form of requests for minor subdivision approval, major subdivision approval, subdivisions involved in planned unit developments, any replatting or recombination or changing of lot lines, or any other action which otherwise creates one or more new lots, within the boundaries of the City of Roseville. SECTION 3. Duration of Moratorium. This moratorium shall commence from and on the effective date of this ordinance and shall continue for a period not to exceed one year from the date it is effective. SECTION 4. Review of Subdivision Regulations. The Roseville City Council hereby instlUcts and direct the Roseville Planning Commission to undertake a study, and to hold public meetings and/or hearings as it deems necessary, to detennine the future form of zoning and/or subdivision regulations that should exist in the City of Roseville, for purposes of advancing public health, safety and welfare; and shall forward to the City Council, upon completion of such studies, any findings and/or proposals conceming proposed amendments to the official controls and/or subdivision regulations of the City ofRosevil]e that are consistent with the Roseville Comprehensive Plan and the Metropolitan Council System Statement for the City of Roseville. SECTION 5. Enforcement. The City of Roseville may enforce any provision of this ordinance by any and all means authorized by City Code or applicable State Statute. SECTION 6. Seperabilitv. Every section, provision, or pmi of this ordinance is declared separable from every other section, provision or pmi of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a comi of competent jurisdiction, such judgment shall not invalidate any other section, provision or pmi of this ordinance. SECTION 7. Effective Date. This ordinance shall be effective upon adoption and publication. th day of ,2007. Passed this CITY OF ROSEVILLE BY: Craig Klausing, Mayor ATTEST: City Manager RRM: 99554.cmp 2