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Regular City Council Meeting
Minutes
Roseville City Hall Council Chambers
2660 Civic Center Drive
Monday, February 12, 2007
Call Roll
Mayor Klausing called to order the Roseville City Council regular meeting at ap-
proximately 6:00 p.m. and welcomed everyone.
(V oting and Seating Order for February: Kough; Ihlan; Roe; Pust; Klausing.)
Approve Agenda
City Attorney Scott Anderson was also present.
Mayor Klausing advised that he had received a request to move Item 3 entitled,
"HUlnan Rights Essay Contest Winners," to the beginning of the agenda.
Councilmelnber Ihlan questioned if Iteln 10 entitled, "Consider Revised AUAR
Agreement with Dahlgren Shardlow and Uban," would be discussed tonight, or de-
ferred to a future agenda.
City Manager Bill Malinen requested, from a staff perspective, that the item be de-
ferred to a future meeting.
City Attorney Scott Anderson requested a few moments during tonight's agenda to
update the City Council on a Request for Appeal Hearing received from Axel's
Char House regarding their recent liquor violation and subsequent City Council ac-
tion.
Councihnelnber Roe requested removal of Consent Item 5.g entitled, "Accept the
Proposal from CivicPlus to Redesign the City's Website," for discussion.
The Agenda, as modified, was approved by consensus.
3. Human Rights Essay Contest Winners
Mayor Klausing invited Human Rights Commission Chair Janet Delmore to the
front. Chair Delmore introduced other Commissioners present: Commissioners
Regular City Council Meeting
Monday, February 12, 2007
Page 2 of 30
Scott Higbee, Ann Keeney, and Tam McGehee; and briefly sumn1arized the annual
Essay contest.
Chair Delmore introduced first place winner, Clara Miliotis, an 8th grader at Rose-
ville Area Middle School (RAMS), and her teacher Mr. Andrea; and Ms. Miliotis
read her essay, and was presented with a certificate and cash gift.
Chair Delmore introduced second place winner, Ellie Krienke, a 7th grade student
at RAMS, and her teacher Mr. Lauinger; and Ms. Krienke read her essay, and was
presented with a certificate and cash gift.
Chair Delmore introduced third place winner, Ellie Wilson, an 8th grade student at
RAMS, and her teacher Mr. Bibeau; and Ms. Wilson read her essay, and was pre-
sented with a certificate and cash gift.
Commissioner Delmore introduced honorable mention award winners, and each
received a certificate of accom lishment:
Julia Jacobson 8t Grade Parkview
Elise Kendall 8t Grade RAMS
Bethan Pertzson 8t Grade RAMS
Abbe Roemer 8t Grade RAMS
Maggie Strait 7t Grade RAMS
Ms. Black
Mr. Bibeau
Mr. Andrea
Mr. Andrea
Mr. Johnson
Chair Delmore also thanked the principals at the various schools for their participa-
tion and assistance. The participating teachers were given a $20 gift card.
Mayor Klausing thanked Chair Delmore and the Human Rights Commission for
their work and review of the essays; and thanked parents and students for their par-
ticipation and presentations.
1. Receive Public Comment.
Mayor Klausing called for public comment by members of the audience on
any non-agenda items.
1.a Dick Lambert, 800 Brenner Avenue
First, Mr. Lambert spoke representing the Roseville Citizens League
and their initiative to approach the Friends of Twin Lakes group to
discuss the Twin Lakes redevelopment project; and how to consider
Regular City Council Meeting
Monday, February 12, 2007
Page 3 of 30
future development of the area without a repeat of events. Mr. Lam-
bert advised that two meetings had been held to-date, with productive
discussion on how to develop a process for Twin Lakes development,
as well as other areas, that would be amenable to citizens of Roseville,
and allow for more community consensus of a project.
On a personal note, Mr. Lambert opined that outcomes of the discus-
sions to-date may provide a process to get questions on the table; to
address community concerns; and respond to questions or concerns by
respected staff people, consultants and/or developers to provide ulti-
mate resolution and consideration by a majority, ifnot full consensus.
Mr. Lambert further opined that there would probably remain certain
issues (i.e., tax increment financing) that may remain divided and
produce angry feelings, a system to provide perceived responses to
citizen questions and concerns was necessary to allow an open process
and more long-term satisfaction that opinions could be expressed, re-
ceived and responded to.
In conclusion, Mr. Lambert requested that the City Council allow
more public input in the AUAR Update.
2. Council Communications, Reports and Announcements
2.a Cable Franchise Update
Councilmember Kough introduced North Suburban Cable Commis-
sion (NSCC) Executive Director Coralie Wilson to provide an update
regarding pending federal legislation regarding franchise rights for the
City.
Ms. Wilson spoke to several items related to recent federal legislation,
not adopted, and a subsequent FCC Order regarding competitive cable
franchising, voted on a 3/2 vote on December 20, 2006, concluding
that local governments had established unreasonable franchise process
and terms, and a prohibition against "unreasonable refusal to award an
additional competitive franchise."
Ms. Wilson provided additional detail; however, noted that the actual
language of the order had yet to be reviewed, and while the order ap-
peared to be adopted for the benefit of telephone companies, the text
had not been released at this time. Supposition was that cities would
Regular City Council Meeting
Monday, February 12, 2007
Page 4 of 30
have 60-90 days to grant or deny franchise applications received fron1
providers; and impacted the City's ability to insist on cable and gov-
ernment access channels. Ms. Wilson noted that lobbying efforts
were underway, and an attorney had been hired to challenge the FCC
Order.
Ms. Wilson also alerted Councilmelnbers to Qwest's "shopping
around" a bill in the State legislature, attelnpting to move franchising
rights to a state level; and cautioned Councilmembers and citizens to
alert their legislators to vote against such a proposal. Ms. Wilson ad-
vised that current state law required a franchisee - cable operator - to
provide service to everyone in a city's jurisdiction, but that new legis-
lation may not require such a provision, and may create more piece-
meal impacts.
Councilmember Kough and Ms. Wilson advised Councilmembers that
the League of Minnesota Cities had drafted a model right-of-way or-
dinance for cities to consider; and suggested that the City review its
right-of-way regulations.
Ms. Wilson advised that the NSCC was working on a model franchise
agreement in case one of their 10 communities was approached by
Qwest; and would be brought forward at a later date for pre-approval.
Councilmember Kough advised that the five percent received from the
current franchise agreement provided revenue to fund two City of
Roseville jobs.
Discussion included whether the City had a separate right-of-way or-
dinance, which was affirmed by Engineering and Public Works Direc-
tor Duane Schwartz; a possible effective date of the FCC Order some-
time within 30-60 days after publication in the Federal Register; and
no public comment period prior to the order becoming effective.
Mayor Klausing asked that Ms. Wilson keep the City informed on the
status of the FCC Order.
Ms. Wilson and Councilmember Kough advised citizens that scholar-
ships were available, totaling $30,000, for post-secondary education
Regular City Council Meeting
Monday, February 12, 2007
Page 5 of 30
students for communication-related education. Ms. Wilson advised
that the application deadline was mid-April, and that more informa-
tion was available on the website at CTV15.org.
2.b IDS Climb for a Cure
Councilmember Roe recognized Roseville Firefighters who partici-
pated in the recent "IDS Climb for a Cure," by climbing all fifty-one
stories of the IDS building - in full turnout gear - and for their sup-
port of this worthy cause and their ongoing work for various charities.
2.c Victory Salute Ceremony, 147 Finance Support Group, Minne-
sota National Guard
Mayor Klausing announced that he had been privileged to recently at-
tend a very memorable and moving Victory Salute Ceremony for the
Minnesota National Guard's 147th Finance Support Group, recently
returned from Iraq. Mayor Klausing advised that, in future, he would
provide information of such events to the City Council and staff for
posting as a Special Council meeting in case other Councilmembers
were able to attend and a quorum was present at such an event.
2.d Minnesota Block Exercise
Mayor Klausing mentioned his attendance at a Regional Conference
of Mayors and a presentation on the Metropolitan Housing Corridor's
Minnesota Block Exercise and the possible merits of such a program
(i.e., early phases of Twin Lakes redevelopment) in providing citizens
with an opportunity to measure costs for different types of housing
with areas of interest to achieve some balance for redevelopment pro-
jects. Mayor Klausing noted that grants were available, and deferred
to Community Development Director John Stark; asking that he look
into the program, and provide additional information to the City
Council at a future date, in an effort to encourage citizen involvement
and participation in redevelopment projects.
2.e Residential Lot Split Study Task Force
Councilmember Ihlan announced that there was still time for inter-
ested citizens to apply (before the February 20 deadline) to participate
in the Moratorium Study and encouraged those interested to contact
staff.
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Monday, February 12, 2007
Page 6 of 30
4. Approve Minutes.
4.a Council Meeting of January 29, 2007
Kough moved, Ihlan seconded, approval of the January 29,2007
Regular City Council Meeting Minutes as amended.
Corrections:
Page 20, Item 11, "Consider Appointments to the Planning Com-
mission," Roll Call Vote on motion to NOT consider including
Planning Commission Chair Bakeman's recommendations in the
City Council selection process: (Roe)
Change Roll Call Vote to:
Ayes: R:ee; [Pust]; Kough; Ihlan and Klausing.
Nays: [Roe] Ptlst.
Roll Call
Ayes: Kough; Ihlan; Roe; Pust and Klausing.
Nays: None.
4.b Special Meeting of February 06, 2007
Kough moved, Ihlan seconded, approval of the February 06, 2007
Special City Council Meeting Minutes as presented.
Roll Call
Ayes: Kough; Ihlan; Roe; Pust and Klausing.
Nays: None.
5. Consider Consent Items
There were no additional changes to the Consent Agenda.
At the request of Mayor Klausing, City Manager Bill Malinen briefly re-
viewed those items being considered under the Consent Agenda.
a. Approve Check Register
Pust moved, Roe seconded, approval of the following claims and payments
as presented.
ACH Payments
46370-46469
$282,975.31
351,624.38
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Monday, February 12, 2007
Page 7 of 30
Total I
$634,599.69 I
Roll Call
Ayes: Kough; Ihlan; Roe; Pust and Klausing.
Nays: None.
b. Approve Contracts/Purchases in Excess of $5,000 and Approve Sale of
Surplus Items in Excess of $5,000
Pust moved, Roe seconded, approval of general purchases and/or contracts
as follows:
Elk River Ford
Descri tion
Wacker Street/pathway
roller/com actor
Police Unmarked vehicle - Chrysler
Sebrin
Police CSO vehicle - Dod e Duran 0
Amount
$17,610.08
Vendor
United Rentals
16,979.00
Elk River Ford
21,362.00
Roll Call
Ayes: Kough; Ihlan; Roe; Pust and Klausing.
Nays: None.
Pust moved, Roe seconded, approval of the trade or sale of the following
surplus items via public auction or bid process:
Descri tion
1997 New Holland skidsteer with attachments
Roll Call
Ayes: Kough; Ihlan; Roe; Pust and Klausing.
Nays: None.
c. Approve Not Waiving the Monetary Limits on Municipal Tort Liability
Established by Minnesota Statutes 466.04
Mayor Klausing suggested that staff include this item on the list for future
legislative agenda comment that cities act on opting in rather than annual
adopting to not waive the limits.
Pust moved, Roe seconded, approval to not waive the monetary limits on
municipal tort liability established by Minnesota Statutes 466.04.
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Monday, February 12, 2007
Page 8 of 30
Roll Call
Ayes: Kough; Ihlan; Roe; Pust and Klausing.
Nays: None.
d. Authorize the Fire Marshal to issue a Burn Permit to John Dittrich,
2136 Cohansey Boulevard
Pust moved, Roe seconded, authorizing the Fire Marshal to issue a bum per-
mit to John Dittrich, 2136 Cohansey Boulevard, as requested by letter dated
January 23, 2007; and as indicated in Section 1.1, and as conditioned upon
conlpliance with the listed stipulations of the Request for Council Action
dated February 12, 2007
Roll Call
Ayes: Kough; Ihlan; Roe; Pust and Klausing.
Nays: None.
e. Approve Change Orders and Adopt a Resolution to Accept the Work
Completed, Authorize Final Payment of $105,807.45 and Commence the
One-Year Warranty Period on the S Owasso Boulevard Reconstruction
Project
Pust moved, Roe seconded, approve of the Change Orders for the S Owasso
Bid R t . P . t flll
ou evar econs ructIon rOJec , as 0 ows:
Change Order 1 Additional storm sewer and watermain $23,050.00
items
Change Order 2 Change in Aggregate base from Class 5 -20,620.00
(100% limestone) to Class 7 (recycled) -
decrease in contract cost
Change Order 3 Extension of pipe in easement on 411 S 7,185.93
Owasso Blvd. in order to address property
owners concerns about aesthetics and
safety; correction of 1 water service from
6" to standard 1" service
Change Order 4 Specialized driveway needing removal and 8,311.00
matching to new street; replaced in kind
for homeowner
Change Order 5 Additional quantities in bid tab for pave- 90,491. 73
ment removal; addi ti onal storm sewer
pipe, inlets and outlets for water quality
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Monday, February 12,2007
Page 9 of 30
improvements; overrun estimated quantity
for aggregate base and sub grade excava-
tion due to existing soil conditions worse
than originally anticipated; utility plan
changes to address property owner con-
cerns, and fix existing infrastructure dis-
covered to be in poor condition.
Change Order 6 Existing pavement on S Owasso depth 10,083.15
considerations; reconstruction of Loop de-
tectors on Rice Street; landscaping re-
placements for affected property owners;
changeout of manhole castings on storm
sewer line just outside the project bound-
ary to address resident concerns.
TOTAL CHANGE ORDERS $118,501.81
Roll Call
Ayes: Kough; Ihlan; Roe; Pust and Klausing.
Nays: None.
Pust moved, Roe seconded, adoption of Resolution No. 10479 entitled,
"Resolution, Final Contract Acceptance, S Owasso Boulevard Reconstruc-
tion Project;" accepting the work completed at S Owasso Boulevard Recon-
struction, starting the one-year warranty and authorizing final payment of
$105,807.45.
Roll Call
Ayes: Kough; Ihlan; Roe; Pust and Klausing.
Nays: None.
f. Approve Appointments to the Grass Lakes Water Organization Board
Pust moved, Roe seconded, approval of Jim Stark and Doug Root to the
Grass Lake Watershed Management Organization Board, with respective
terms to expire December 31, 2009.
Roll Call
Ayes: Kough; Ihlan; Roe; Pust and Klausing.
Nays: None.
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Monday, February 12, 2007
Page 10 of 30
h. Set a Public Hearing to Correct Ordinance 1314, Rezoning Greenhouse
Village
Pust moved, Roe seconded, directing the City Planner to publish notice of a
public hearing at the City Council meeting of February 26, 2007, to correct
Ordinance No. 1314 related to the Greenhouse Village project.
Roll Call
Ayes: Kough; Ihlan; Roe; Pust and Klausing.
Nays: None.
6. Consider Items Removed from the Consent Agenda.
a. Accept the Proposal from CivicPlus to Redesign the City's Web site
(former Consent Agenda Item 5.g)
At the request of Mayor Klausing, City Manager Malinen briefly reviewed
this request.
Councilmember Roe sought additional information related to a preview of
what may be seen regarding changes to the current or a newly-designed City
website; and a brief summary of the firm and how they proposed to meet the
City's requirements.
Finance Director Chris Miller noted that the qualified vendor, CivicPlus, a
design firm out of Manhattan, Kansas, met or exceeded qualifications of
other firms and provided the greatest value to the City based on their scope
of services set forth in the Request for Proposals (RFP). Mr. Miller noted
that RFP's ranged from $18,000 - $113,000, with the majority in the range
of $18,000 - $35,000; with product offerings and redesign approaches vary-
ing among bidders.
Mr. Miller noted the request for an additional $5,000 to provide flexibility
for the design and any contingencies above the original $20,000 authorized;
and would allow for on-site visits with numerous staff to clearly identify
content and functionality needs and the ongoing input and testing of the re-
design process, as well as on-site training for staff once the redesign is fin-
ished.
Mr. Miller provided a sample website template from the City of Bumsville,
highlighting presentations being sought for pages; common banners; search
box availability on all web pages, not just the home page; other amenities to
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Monday, February 12, 2007
Page 11 of 30
make the site more user friendly and allow ease of use no matter what the
level of expertise of those utilizing the website, to further enhance commu-
nication. Mr. Miller noted that it was staff s intent to do it right the first
time and provide a customized and proactive format such as allowing for e-
mail comment from users; allowing users to provide information to the City
(i.e., pot hole repair areas); community calendar listing specific upcoming
events without clicking elsewhere; customize messages, recognizing that us-
ers have different purposes, information needs, and abilities, (e.g., residents,
real estate developers, contractors); and using easier and faster navigation
tools, rather than being set up according to the City's internal organizational
structure.
Mr. Miller noted inclusion of a quick opinion poll that may prove of use; a
"notify me" feature for people subscribing to receive updates on specific is-
sues, or for any new information posted; and to encourage more interaction
from users of the site.
Discussion included the need for the website update; rationale on scope of
the RFP; need to incorporate the Roseville Issues Forum into the design not
as two separate items; and staff investigating references of the firm to de-
termine their satisfaction with the end product.
Roe moved, Kough seconded, authorizing City Staff to accept the proposal
to redesign the City's website from CivicP1us and to appropriate an addi-
tional $5,000 from the City's Communication Fund.
Roll Call
Ayes: Kough; Ih1an; Roe; Pust and Klausing.
Nays: None.
b. Reimbursable Twin Lakes Expenses
At the request of Mayor Klausing, City Manager Bill Ma1inen briefly re-
viewed those items listed for reimbursement by the developer.
Counci1member Ih1an questioned actual items listed for legal services, "i.e.,
Twin Lakes 2007 Options," and when the City Council authorized those ex-
pendi tures.
Regular City Council Meeting
Monday, February 12, 2007
Page 12 of 30
City Manager Miller advised that he didn't have a copy of the bill for specif-
ics but he surmised that the firm of Krass Monroe was providing follow up
work to Council directives or inquiries raised by the City Council during one
or more of their recent Closed Executive Sessions.
Councilmember Ihlan opined that if the bills were for litigation strategy it
would be helpful to have that identified otherwise she questioned whether
the City Council was authorized to request such action during Closed Execu-
tive Session. Councilmember Ihlan further questioned where funds were
coming from to pay these expenses.
Discussion ensued reiterating the City and Developer's responsibilities un-
der the Redevelopment Agreement and the Letter of Credit pledged by the
Developer and held by the City in accordance with the Redevelopment
Agreement, ongoing dialogue between both parties, and status of litigation.
Councilmember Ihlan opined that since the developer was currently suing
the City she was concerned that taxpayers not be required to pay for ongoing
legal bills related to the Twin Lakes Redevelopment Project.
Mr. Miller advised that staff would submit bills to the developer and provide
them the opportunity to reimburse the City prior to using the Letter of
Credi t.
Councilmember Kough spoke in opposition to the redevelopment project
and advised he would vote against any upcoming motion to seek reimburse-
ment of legal bills.
Councilmember Ihlan spoke in opposition to a pending motion, noting that
she needed more information on whether 2007 payments had been author-
ized.
Mayor Klausing sought to clarify pending requests for action opining that
the City was seeking payment from the developer not seeking to state
whether the project was a good one or not.
Roe moved, Klausing seconded, approval of ACH Payment in the amount of
$26,181.95 to Krass Monroe for legal services related to the Twin Lakes
Redevelopment Proj ect.
Regular City Council Meeting
Monday, February 12,2007
Page 13 of 30
Roll Call
Ayes: Roe; Pust and Klausing.
Nays: Kough and Ihlan.
Motion carried.
7. Consider a Request by Sue & Richard Stafne for a Minor Subdivision at
156 Woodlyn Avenue (PF3796)
Community Development Director John Stark provided a brief review of the
request of Sue and Richard Stafne, 156 W oodlyn, for a Minor Subdivision to
create a vacant developable parcel, dividing their current .67 acre parcel into
two parcels - one to include the existing home and another vacant develop-
able single-family residential parcel.
Mr. Stark noted that on November 13,2006 the Roseville City Council ta-
bled action of the request to allow time to consider merits of an interim ordi-
nance (moratorium) and the City Council extended the 60-day review dead-
line an additional 60 days to February 14, 2007. Mr. Stark noted that it was
subsequently determined that the interim ordinance couldn't extend the tiIne
deadline for agency action set forth under section 15.99 regarding any appli-
cation filed prior to the effective date of the interim ordinance.
Mr. Stark reviewed intent of lot line to meet the letter of the law.
Mr. Stark suggested that should the City Council reach concurrence on a
definition of "substantially at right angle or radial to the street" staff recom-
mended that the submitted plan can achieve compliance with this interpreta-
tion/requirement, and recommended that the City Council adopt a resolution
approving the Minor Subdivision (Three Parcel Minor Subdivision City
Code S 11 04.04E) creating two parcels A and B (Parcel "A" to have the ex-
isting house) with dimensions and sizes that meet or exceed the requirements
of Roseville City Code S1004.016 and 1103.06, and based on the com-
ments/findings in Section 6 and subject to the conditions of Section 7 of the
project report dated February 12, 2007.
Attorney George LeTendre, representing applicants, 2121 W County
Road B
Mr. LeTendre advised that he had provided an e-mail to Mayor Klausing and
Councilmembers earlier that day, dated February 12,2007, regarding the ap-
Regular City Council Meeting
Monday, February 12, 2007
Page 14 of 30
plication, and asked that it become a part of the record for tonight's Ineeting.
Copies were processed by staff, provided as a bench handout.
Mr. LeTendre provided his calculations on the dimensions noting that to-
night's application is a modification of the one considered at the Council
meeting on October 9, 2006, that had contained a driveway easement to
benefit the existing home but inadvertently burdened the newly-proposed
lot.
Mr. LeTendre noted lot line issues addressed in the staff report dated Febnl-
ary 12,2007; and provided his interpretation of City Code 1003.06F re-
quirements for side lot lines that "shall be substantially at right angles or ra-
dial to the street line." Mr. LeTendre addressed what "substantially" Ineant
as it related to the application before the City Council and the westerly lot
line at right angles to W oodlyn Avenue, with the easterly lot line not entirely
at right angles to W ood1yn Avenue.
Mr. Stark noted as an aside to future applicants that the verbal scale and
geographical scale may not provide similar or accurate information and pro-
ceeded to provide interpretation and accurate to-scale data for Council re-
view and consideration.
Discussion included revisions from this application from the previous appli-
cation based on the movement of the driveway location; desire of the appli-
cant to meet City Code requirements; staff s desire for additional review
time during the meeting to correctly scale the proposed lot lines; and City
Attorney Anderson's rationale for interpretation of ordinance or statute lan-
guage intent, based on the entire document, definitions for rules of statutory
construction on the defined meaning of undefined words, and interpretations
of the word, "substantially" and "radial" by the applicant and the City.
Mr. LeTendre opined that the City had set precedent with a previous and
similar approval at 2161 W County Road B (Forman property).
At this point Mr. Stark returned with his to-scale renderings of the angles for
the property for Council review and consideration.
Public Comment
Kristine Simonson and Stewart Roberts, 3061 Rice Street
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Monday, February 12, 2007
Page 15 of 30
For the record, Ms. Simonson presented a Petition signed by neighbors, the
second one presented regarding this proposal.
"As neighbors of the proposed MINOR SUBDIVISION for 156 Woodlyn, we
wish to express our opposition. We do not believe the proposal meets the in-
tention of City Code 11 03.06F (which states, "side lines of lots shall be substan-
tially at right angles or radial to the street line.") We also do not believe waiting
until Parcel B requests a building permit is a prudent requirement. If this pro-
posal is approved, the driveway should be moved before replat is finalized.
The new driveway will also be very constricted near the garage. The property
line, required setback, and existing building do not leave an adequate ap-
proach. Finally, while the City Codes do not recognize neighborhood character,
we do believe that this issue continues to plague Roseville and should have
been addressed years ago. Subdivisions of this type do not fit within the inten-
tion of the 11,000 square foot minimum lot size code and they negatively affect
neighborhoods."
Ms. Simonson and Mr. Roberts spoke in opposition to the requested Minor
Subdivision; summarizing that the proposed subdivision didn't fit with the
origina110t intentions. Ms. Simonson opined that the two lots did not appear
to be in keeping with the balance in size and rectangular lot appearance of
surrounding properties. Ms. Simonson provided, from a mathematical
standpoint, substantial and right angle interpretations and her definitions.
Mayor Klausing opined that it seemed, in general, when neighbors spoke to
their opposition of or support for a particular project, they worked backward
from their conclusion to provide rationale for their conclusion. Mayor
Klausing noted the need for Counci1members to apply uniform standards
fairly not based on appearance.
Counci1member Ih1an personally questioned existing utilities and easement
locations related to the proposed driveway location.
Mr. Roberts opined that the applicant appeared to be attempting to rational-
ize definition of a right angle or radial standard to make construction on the
two parcels fit and identified the root of neighborhood objection that this lot
was not appropriate.
Quentin Heckert, 3050 Woodbridge
Mr. Heckert advised that he had previously sent his comments bye-mail; no
copy was available.
Regular City Council Meeting
Monday, February 12, 2007
Page 16 of 30
Mr. Heckert spoke in opposition to the project opining that with the morato-
rium in place it should provide reason enough for denial; and allow time to
address the nature and character of lots in the area related to the size of lots
surrounding the property in question. Mr. Heckert further opined that this
area was well developed since the neighborhood was platted in 1941, and by
allowing hodgepodge development such as this proposal, previous planning
was being undone and was a disservice to residents having previously pur-
chased their properties expecting their property values to be retained and
stable.
Leslie Studenski, 3055 Woodbridge Street
Ms. Studenski spoke in opposition to the project provided a map prepared by
her husband, an engineer, that had been drawn from scale from information
provided in the Agenda packet, and a typical car to scale, showing their in-
terpretation of problematic issues with the proposed driveway and property
setbacks. Ms. Studenski opined that the lot was not subdividable into two
single- family lots according to current code.
Substantial discussion ensued among Councilmembers regarding interpreta-
tion of "substantially at right angles;" strict mathematical determinations;
standard lot shapes based on topography and shoreline considerations; lot
lines drawn to achieve minimum dimensions; ordinance intent for objective
standards; function of proposed driveway for Parcel Band buildability of
that parcel; criteria for subdivision; proportion to other lots in area; morato-
rium in place, and study ready to launch to look at specific questions similar
to this; and need for flexibility for new homes in first-ring suburbs as they
redeveloped.
Further discussion included the notion of substantially perpendicular and ra-
dial lines, dealing with geographical impediments or roads, and how the
proposed line cut into the properties over the length of the line; and con-
straints of the existing house and garage and options to move them and
eliminate those constraints, rather than attempting to request deviation from
established standards. Additional discussion included ordinance language
and interpretation of substantial right angles or radials, and whether 50%
was considered substantial or not; and whether efforts of the applicant to as-
suage economic considerations provided rationale for deviation from ordi-
nance language.
Regular City Council Meeting
Monday, February 12, 2007
Page 1 7 of 30
Ihlan moved, Kough seconded, DENYING the Minor Subdivision (Three
Parcel Minor Subdivision) creating two (2) parcels A and B (Parcel "A" to
have the existing house) with dimensions and sizes that meet or exceed the
requirelnents of City Code 91004.016 and 91103.06; and based on the con1-
ments/findings in Section 6 and subject to the conditions of Section 7.0 of
the staff report dated February 12, 2007; with staff directed to prepare find-
ings of fact for consideration and adoption.
Mayor Klausing spoke in opposition to the motion; opining the need for
flexibility in a first ring suburb.
Roll Call
Ayes: Kough; Ihlan; Roe and Pust.
Nays: Klausing.
Motion carried.
Recess
Mayor Klausing recessed the meeting at 8: 17 p.m. and reconvened at 8:23 p.m.
11. Report on Stormwater Management Problem Areas
Engineering and Public Works Director Duane Schwartz provided a brief
annual report to summarize development changes, capital improvements and
other water management-related issues occurring over the past year as they
related to the City's Comprehensive Surface Water Management Plan.
Mr. Schwartz noted that staff had completed more in-depth modeling of spe-
cific areas and existing construction; and reviewed those areas as detailed in
the document entitled, "Roseville Public Works Department of Engineering
2006 Storm Water Annual Report". Mr. Schwartz advised that staff
would return with proposed improvements in some of those areas identified,
following meetings and discussion with those neighborhoods that would be
impacted.
Mr. Schwartz reviewed specific areas experiencing isolated street flooding;
various recommendations and options for corrective action; current practices
and short-term remedies; and reconstruction projects over the last year im-
pacting storm water management. Two significant areas experiencing re-
construction efforts and corrective drainage action included the expansion of
the Rosedale Shopping Center, and former Frank's Nursery site, with exten-
Regular City Council Meeting
Monday, February 12, 2007
Page 18 of 30
sive, on-site underground storage facilities installed, substantially reducing
outflow, with long-term impacts yet to be determined.
Mr. Schwartz noted the Arona Pond (Area 5) expanded as part of the Ap-
plewood Pointe redevelopment, its performance to-date measured with sev-
eral significant rain events, and the success of that project in reducing drain-
age and runoff issues.
Mr. Schwartz detailed several new problelTI areas identified since the plan's
last update, and continuing study to reduce runoff rates, review of develop-
ment sites, and infiltration issues.
Mr. Schwartz briefly reviewed the Gottfried Pit/Hamline Hoyt Reconstruc-
tion Project (Como Area Subdivision 7), and ongoing and significant prob-
lems experienced south of this land-locked area and the need to look at con-
structing additional infiltration systems, examine soil types, and how to im-
plement better improvements.
Mr. Schwartz spoke to concerns and cooperative effolis of the City's Vari-
ance Board in conditioning variance approvals on 30% impervious coverage
restrictions; and additional code requirements that would require potential
mitigations issues for certain variances, with implementation of on-site im-
provements to reduce storm water system impacts.
Mr. Schwartz reviewed efforts by the Minnesota Department of Transporta-
tion (MnDOT) in using the 40-year old 100-year benchmark stornl data, and
the need to update data with new data, potentially changing design event
considerations for all new land use and construction; and various watershed
district rules and additional requirements for local municipalities.
Mr. Schwartz advised that the Public Works, Environment and Transporta-
tion Commission had reviewed the annual report and concurred with its con-
tent, as well as supporting short-term improvements as proposed. Mr.
Schwartz indicated that future mandates would include additional methods
for water quality improvement and storm water treatment to ensure that a
clean and healthy environment.
Regular City Council Meeting
Monday, February 12, 2007
Page 19 of 30
Discussion included ways the City could enhance their own rights-of-way
outside development areas to provide better rate control and prevent quickly
overwhelming systems during significant rainfall events; soil types; pre-
mium property costs; opportunities for creating additional ponding where
applicable and more impervious surface areas; creation ofbio-infiltration
trenches and rain gardens; cost prohibitions; and future meetings by staff
with affected neighborhoods within the next four to six months.
Councilmember Pust personally noted the drainage issues in her neighbor-
hood; thanked staff for the work done to-date in alleviating those issues; and
asked that she receive a copy of the report to share with her neighbors prior
to a scheduled meeting with them and staff.
Additional discussion included the extensive commercial/retail properties in
the City and surface drainage issues; recent drainage improvements in rela-
tionship to the County Road C reconstruction project by Ramsey County and
the City's portion of the streetscape project; ongoing monitoring by staff-
and resident alerts - of problem drainage areas and maintenance crew in-
spections after heavy rain events; and estimated reductions in outflow at
Rosedale Shopping Center since the installation of their underground storage
facility (estimated by staff, according to the design, to drop from 31 cubic
feet to 14.87 cubic feet in the disturbed area requiring mitigation).
Mayor Klausing recognized the pond created to help manage runoff for the
Hughes' property; and noted they were present tonight to address SOIne of
the ongoing concerns.
Further discussion included equity and redevelopment considerations with
retail boosting the local economy while increasing strains on the municipal
and regional storm water systems; potential areas for underground storage
facilities within city rights-of-way and the considerable expenses involved to
acquire easements as well as construction costs; possible implementation of
a storm water assessment policy; and additional mandates as more impaired
waters are identified and water quality concerns and prevention mandates
brought forward to reduce outflow and improve water quality.
Public Comment
Mr. and Mrs. Chris Hughes, 1779 Rose Place
Regular City Council Meeting
Monday, February 12, 2007
Page 20 of 30
Mr. Hughes advised the City Council that they were not simply sitting and waiting
for a fix by the City, but advised they had taken steps on their own (i.e., boarding
up their basement windows; elevating their replacement furnace on blocks; remov-
ing carpeting and drywall from their lower level; and not refinishing the lower
level). Mr. Hughes further advised that the Ramsey County Assessor had re-
evaluated their property, and had reduced the property's assessed value by
$50,000; which was a real blow to their future plans and financial well-being.
Mr. Hughes noted that whenever they observed any debris on the pond grate, they
alerted the City crew, who were very responsive; however noted that the City crew
continually monitored it as well, and had often arrived on the scene before they had
called them.
Mr. Hughes advised that they had looked into the possibility of flood insurance,
but they weren't eligible and would not be successful in filing a claim, as policy
provisions required the area affected to be of two acres or two homes affected to
qualify; thus allowing them no protection. Mr. Hughes advised that when signifi-
cant rainfall occurred, they lived in fear; had to make sure their cars were out of
their garages and up the hill; and that their lives had been greatly impacted.
Mr. and Mrs. Hughes respectfully requested that the City Council instruct staff to
work on solution, and expressed their willingness to work with the City in finding
a solution and their openness to suggestions.
Mayor Klausing, and Councilmembers, thanked Mr. and Mrs. Hughes for their at-
tendance and their comments.
Mr. Hughes thanked staff and the City Council for their attention to their predica-
ment.
12. Review Leaf Pickup Program
Mr. Schwartz provided staffs annual analysis of the 2006 curbside leaf col-
lection program; and cost and use comparison estimates from 2004 - 2006.
Mr. Schwartz reviewed the process; weather-related factors and considera-
tions; and the maintenance crew's removal of leaves from gutter lines and
storm drains on all residential streets as part of the leaf program. Mr.
Schwartz noted that those costs of approximately $40,000 to $45,000 esti-
mated for cleaning streets and catch basins in the fall to meet best manage-
ment practices as required by NPDES Phase II rules, were considered a part
Regular City Council Meeting
Monday, February 12,2007
Page 21 of 30
of the leaf collection program in the overall cost analysis of the program and
benefits to the City. Mr. Schwartz provided the approximate city subsidy
costs per user as part of his analysis.
Councilmember Pust thanked staff for providing the cost comparison figures.
Councilmember Pust opined that this was a huge, valuable program for the City,
but questioned if there were ways to better cover administrative costs and registra-
tion enforcement concerns.
Discussion included accuracy of comparison costs; administrative procedures and
costs; voluntary payment for participating in the program and collection rate analy-
sis; program enforcement and abuses; perceptions of residents that the program
was "free," and the need to lnake the adlninistrative costs as revenue-neutral as
possible; and the positive comments and apparent value to residents of continuing
the program.
Councilmember Kough spoke in support of continuing the program, and the bene-
fits to the City for alleviating leaves in the sewer system.
Public Comment
John Kysylyczyn, 3083 N Victoria Street
Mr. Kysylyczyn noted the pluses and minuses he perceived in the leaf collection
program. He opined that, in many ways, it highlighted wasteful and misdirected
spending of local government while increasing taxes. Mr. Kysylyczyn calculated
that only 11 % of city residents were using the program, but that the City was
spending $11,000 to subsidize the program with 100% taxpayer monies, and it was
only benefiting single-family residential property owners, not the entire tax base,
including multi-family and commercial properties. Mr. Kysylyczyn questioned the
equipment costs, questioned if this was money best spent at a local level, and ques-
tioned the wisdom of municipal decision makers.
Further City Council and staff discussion ensued.
Councilmember Ihlan questioned if a storm water user fee were established for all
commercial and residential property owners, and the City provided the service to
anyone, how much of an operating fee would be required to support the program.
Mr. Schwartz noted that it would be difficult to determine; and reviewed the pro-
gram the City had previously used by not charging a fee and advertising dates for
Regular City Council Meeting
Monday, February 12, 2007
Page 22 of 30
pick up; and best estimates by staff were that approximately 50% of residents were
using the service. Mr. Schwartz observed that since that time, trees have continued
to mature and the City had become more heavily-forested; and he estimated a
probable 33% cost increase.
Councilmember Ihlan opined that if half the residents were using the program
when there was no charge, and with diminishing returns in current use with a Reg-
istered user fee paid program, it would seem reasonable to determine whether the
service were provided city-wide again by instituting a fee and revisiting the sig-
nificant administrative costs, whether the program should be revisited and the bill-
ing process reviewed (i.e., paying on line eliminating postage and administrative
costs) as a consideration in trying to balance the value of the program to residents
and the City's environment, and reductions in street sweeping costs.
Mayor Klausing concurred; opined that everyone seemed supportive of continuing
the program; and directed staff to provide concrete data for continuing the regis-
tered user/fee program versus a city-wide collection program (i.e., current model
and a possible alternative model returning to the original program); to review ad-
ministrative costs with an eye to reducing them and possibly streamlining billing
options; and to provide that information for Council consideration regarding both
alternatives. Mayor Klausing opined that striking a balance in increasing participa-
tion and reducing leaves in the gutter were worth looking at again.
7. Continuation of Request by Sue & Richard Stafne for a Minor Subdivi-
sion at 156 Woodlyn Avenue (PF3796)
City Attorney Anderson and staff returned with a bench handout, represent-
ing "Findings of Fact Denying Minor Subdivision of 156 Woodlyn Avenue
(PF 3796).
Ihlan moved, Kough seconded, approval and adoption of Findings of Fact as
presented, for 156 Woodlyn Avenue, attached, denying the request for a Mi-
nor Subdivision at 156 W oodlyn Avenue (PF3796).
Roll Call
Ayes: Kough; Ihlan; Roe and Pust.
Nays: Klausing.
Motion carried.
Regular City Council Meeting
Monday, February 12, 2007
Page 23 of 30
8. Discuss Public Policy Issues Related to Variance Board Appeal Process
Community Development Director John Stark reviewed proposed staff and
Planning Commission considerations and recommendations for amendment
to Chapter l014.04(C) regarding appeals of Variance Board actions. Mr.
Stark noted that Planning Comlnission Chair Bakeman was present should
the City Council have any questions of her.
Staff recommended amendment to Roseville City Code, Chapter
l014.04(C)(2) to read:
"The written appeal shall state the specific grounds upon which the appeal is
made, and shall be accompanied by a fee established by resolution of the City
Council. A hearing public meetinq regarding the matter shall be held before the
Board of Adjustment and Appeal at its next f! regular meeting held within thirty
(30) days of the receipt of the required written appeal. consistent ',,^lith the notice
requirements and other procedures contained in Chapter 108 of this Code. A
mailed notice of the public meeting at which the appeal is to be considered shall
be sent to members of the Variance Board (if applicable) and to all of those
property owners within 350 feet of the subject property." and
amendment to Chapter l014.04(C), adding subparagraph (3) stating:
"The Board of Adjustments and Appeals will reconsider onlv the evidence that
had previouslv been considered as part of the formal action that is the subject of
the appeal. New or additional information from the appeals applicant may be
considered by the Board of Adjustments and Appeals at its sole discretion, if that
information serves to c1arifv information previouslv considered bv the Variance
Board and/or staff."
Mr. Stark reviewed State Statute requirements for this type of appeal (i.e., no
Public Hearing required); undue legal implications; use of the term "appeal"
and any legal implied ramifications; role and authority of the Variance
Board and the City Council respectively; fairness of the current process;
consideration and review of additional evidence by the Variance Board
and/or City Council at its discretion; and possible language such as "a public
meeting at which time testimony is taken from the applicant and any inter-
ested parties."
Councilmember Ihlan requested additional time to review the information
from staff prior to taking action at tonight's meeting; and opined that she
didn't support delegating City Council authority to the Variance Board.
Councilmember Kough concurred with not delegating City Council author-
ity or not allowing the public to come forward with pertinent information.
Regular City Council Meeting
Monday, February 12, 2007
Page 24 of 30
Mayor Klausing observed that no one was suggesting that an appeal process
was not followed; and noted the need to avoid legal ramifications that a
"public hearing" may indicate, rather than just a public meeting to receive
public input. Mayor Klausing opined that he didn't know how to prevent
people from bringing additional evidence before the City Council.
Councilmember Pust suggested inserting a provision in the ordinance about
reconsidering new evidence before the Variance Board.
Councilmember Ihlan requested a copy of the full ordinance prior to receipt
of the next packet, to allow her time to review it in its entirety.
City Attorney Anderson addressed several Statutory requirements and their
respective language as it related to the appeal and due processes; suggesting
that it would be more prudent to call it a public meeting with discretion to
hear additional evidence. Mayor Klausing directed City Attorney Anderson
to provide his recommendations and legal opinion in written form for the
Council to review before the Council next considers this issue.
Mayor Klausing declared that there was no need to table or provide a date-
specific return to discuss the issue; but to allow staff to return the item to a
future agenda as time allowed and as prudent.
9. Consider Returning Twin Lakes Brownfields Cleanup Grants to the
Metropolitan Council and Department of Employment & Economic De-
velopment (DEED)
Jamie Radel, City of Roseville Economic Development Specialist and Grant
Administrator provided information to the City Council and sought direction
for moving forward with grant funds awarded in the total amount of
$2,342,200 for brownfield clean up costs awarded to the Twin Lakes project.
Ms. Radel identified the grants as follows:
Regular City Council Meeting
Monday, February 12, 2007
Page 25 of 30
Source Type/End Dates Amount
Metropolitan Council Tax Base Revitalization Ac- $692,200
count / December 31, 2007
Metropolitan Council Tax Base Revitalization Ac-
count / June 30, 2008 $350,000
DEED Contamination Cleanup Pro- $1,300,000
gram / June 30, 2008 and June
30,2009
Ms. Radel reviewed timelines and the scope of the project; specificities and
ranking criteria used by agencies for merits of submitted applications. Ms.
Radel noted the competitive nature of grants; projected number of new jobs;
increased tax base; and number of new market-rate and affordable housing
uni ts.
With the demise of the project, Ms. Radel provided four options for Council
consideration for the grant monies, and as presented during staffs meeting
with the granting agencies:
1) Requesting that funds be redirected to a different area of the site where
near-term development is anticipated;
2) Requesting an extension to the terms of the grants to allow the City to
negotiate new development agreements;
3) Seeking agency approval to amend the scope of the grant, reducing both
the area to be cleaned up and the amount of funding to be paid; and
4) Relinquishing the grant awards and submitting a new application during a
future funding cycle at such time as the City has firm commitments for
redevelopment.
Staff recommended it was in the City's best interest for the City Council to
relinquish the grant funds back to the Metropolitan Council and DEED.
Discussion included ongoing property contamination and imminent clean up
costs; pledged matching funds from the City through tax increment financ-
ing funds and bond securities; goals of the Metropolitan Council and DEED
for job creation; lack of a viable project at this time; and the need to retain a
good faith relationship with both agencies for future grant application con-
siderations.
Regular City Council Meeting
Monday, February 12, 2007
Page 26 of 30
Further discussion included tax increment financing (TIF)-generated funds
that would have been generated by new development to provide gap and in-
frastructure financing; use of TIF funds from other districts; existing uses
not being required to clean up their properties until a higher use was identi-
fied; Hazardous Substance Subdistrict creation; and whether the City could
either demonstrate a substantially-like development within the grant cycle or
do a development of similar relational nature on a smaller site to retain a
portion of the grant funds.
Ms. Radel advised that the contract signed by the City of Roseville with the
granting agencies was tied to the grant application as submitted, and tied to
Roseville Twin Lakes LLC for job generation, housing unit increase, and of-
fice units.
Ihlan moved, Klausing seconded, directing staff to proceed with relinquish-
ing the grant funds back to the Metropolitan Council and DEED.
Roll Call
Ayes: Kough; Ihlan; Roe; Pust and Klausing.
Nays: None.
10. Consider Revised AUAR Agreement with Dahlgren Shardlow and Uban
This item was removed from tonight's agenda at the request of staff for fu-
ture consideration.
11. Consider Re-Appointments to Advisory Commissions
City Manager Bill Malinen briefly reviewed the request for Council direc-
tion on the annual reappointment and appointment to the City's advisory
commissions; specifically whether to reappoint incumbents, as applicable,
and who to interview, with those interviews scheduled for Monday, March
5, 2007.
Councilmember Kough opined his preference to interview all applicants,
even those being considered for reappointment.
Councilmember Ihlan proposed a process, similar to that used with recent
Planning Commission interviews, with incumbents provided with an oppor-
tunity to interview with the City Council if they so chose to do so; thus
scheduling interview times accordingly. Councilmember Ihlan expressed
Regular City Council Meeting
Monday, February 12, 2007
Page 27 of 30
her preference for two separate interview dates, preferably prior to a regular
Monday meeting date, to reduce overall meeting time.
Mayor Klausing focused discussion on whether the City Council wanted to
reappoint existing commissioners, as applicable.
Councilmember Pust opined that existing commissioners had provided great
service to the City, and while discussion continued about revisiting the exist-
ing policy, the current policy indicated a two-tiered approach.
Pust moved, Roe seconded, reappointment of the following comn1issioners:
Jeff Johnson, Sarah Brodt Lenz and Harold Ristow to the Parks and Recrea-
tion Commission; Mary Jean Turina Anderson to the Police Civil Service
Commission; and Joel Fischer to the Public Works, Environment and Trans-
portation Commission for terms expiring IvIarch 31, 2010.
Councilmember Ihlan spoke against the motion; proposing the need for im-
mediate revision to language of existing policy; and advocated for suspen-
sion of the existing policy and consider reappointments with new appoint-
ments.
Councilmember Kough spoke against the motion, opining that new candi-
dates be given equal consideration for appointment to advisory commis-
SIons.
Councilmember Roe spoke in support of the motion, and concurred with
Councilmember Pust's interpretation of current policy language. Council-
member Roe opined that until that policy was changed, the City Council
should follow the policy; but observed he was not against revisiting and re-
considering the existing policy.
Councilmember Ihlan opined that it would be impossible to change the pol-
icy if incumbents continued to be reappointed before considering revising
the policy.
Roll Call
Ayes: Roe; Pust and Klausing.
Nays: Kough and Ihlan.
Motion Carried.
Regular City Council Meeting
Monday, February 12, 2007
Page 28 of 30
Mayor Klausing recommended not interviewing applicants recently inter-
viewed for the Planning Commission vacancy.
Councilmember Pust opined that the option to interview should be provided
to each applicant.
Roe moved, Pust seconded, scheduling interviews with applicants for re-
maining and respective vacancies on the Human Rights, Parks and Recrea-
tion, Police Civil Service, and Public Works, Environment and Transporta-
tion Comlnissions; with the option to interview given to those recently inter-
viewed for Planning Commission vacancies and now applying for vacancies
on other commissions.
Roll Call
Ayes: Kough; Ihlan; Roe; Pust and Klausing.
Nays: None.
Observing that March 5, as first suggested was not a regular meeting date,
staff was directed to schedule interviews, preferably on regular meeting
dates: February 26, and/or March 12, 2007.
12. Report on Legislative Program
Councilmember Ihlan opined that she was not ready to sign off on proposed
legislative policy to authorize resolutions for lobbying concerns.
City Manager Malinen noted that, given staff shortages, the City was behind
in providing input to and meeting with their legislative delegation; but he
still sought the City Council's perspective if additional discussion was
needed to those items identified by staff. Mr. Malinen advised that he would
be unavailable for the February 26, 2007 regular Council meeting.
Given the lateness of the hour, Pust moved, Klausing seconded, suspending
meeting curfew rules of 10:00 p.m., as adopted at the February 10, 2007,
Special City Council meeting, to complete discussion of remaining items on
tonight's agenda as soon as possible.
Roll Call
Ayes: Roe; Pust and Klausing.
Nays: Kough and Ihlan.
Regular City Council Meeting
Monday, February 12, 2007
Page 29 of 30
Motion Failed (requires super majority).
Axel's Char House Appeal of Liquor Violation Action
City Attorney Anderson sought City Council direction on how to proceed with the
appeal to the presumptive penalties recently applied by the City Council to Axel's
Char House for liquor license non-compliance; and whether to [use] the Office of
Administrative Hearings, similar to past practice.
By Council consensus, City Attorney Anderson was directed to proceed and move
forward as per past practice with the Green Mill hearing.
13. Councilmember-Initiated Items from Previous Meetings
14. Councilmember-Initiated Items for Future Meetings
Mayor Klausing requested additional discussion regarding Council Rules,
specifically related to Motions to Suspend Rules for Adjournment.
15. Adjourn
The meeting was adjourned at approximately 10: 13 p.m.
Regular City Council Meeting
Monday, February 12, 2007
Page 30 of 30
ATTEST:
For the purpose of Councihnembers and staff getting to know our residents better, and allowing
us to follow up with you as appropriate, when addressing the City Council today, please print
your name and address for identification by our Recording Secretary in recording comlnent :trOln
today's meeting. Thank you!
Full Name
Street Address
Attorney at Law
3900 Northwoods Drive
Suite 250
St. Paul, MN 55112
Telephone (651) 332-8735
Facsimile (651) 332-8795
February 12, 2007
SENT VIA EMAIL
Mayor Craig Klausing
Council Member Amy Ihlan
Council Member Tom Kough
Cou ncil Member Tammy Pust
Council Member Dan Roe
Dear Mayor and Council Members:
I represent the Stafnes in their application for a minor subdivision, which will be
heard by the City Council this evening. I write this letter in an effort to save Council
time this evening.
The application you will be hearing tonight is a modification of the one
considered at the Council meeting on October 9, 2006. You may remember that the
previous application contained an easement for a driveway, which benefited the existing
home, and burdened the newly proposed lot. At that hearing the City attorney made
comment that a lots' size should be determined without including the easement area.
At the same hearing, the Mayor suggested that if the driveway was moved, removing
the need for an access easement, the minor subdivision would meet City codes.
The lots included in this application meet all of the City code requirements,
including lot size, lot width and access to a road.
Also, this application does not involve certain contentious issues, such as tree
removal, traffic safety because of multiple lots, or access to a substandard City road.
There are no mature trees on the newly proposed lot that will be removed. There will
only be the addition of a single lot, so traffic safety is not an issue. And, the street of
Woodlyn Ave. is built to City standards.
I note from the staff report that there is an issue with the lot lines. Specifically,
City code 11 03.06F requires that side lot lines "shall be substantially at right angles or
radial to the street line." The question before the Council of course being, what does
"substantially" mean. In the application before the Council, the westerly lot line is at
right angles to Woodlyn Ave. The easterly lot line is not entirely at right angles to
Woodlyn Ave. The easterly lot line is comprised of 77.5 feet that are at right angles (90
degrees) to Woodlyn Ave., and 52 feet that are at a 64 degree angle to Woodlyn Ave.
2,
Page 2
Since more than half of the length of the easterly lot line is at right angles to
Woodlyn Ave., we argue that the easterly lot line is substantially at right angles to
Woodlyn Ave. Also, even though the portion of the easterly lot line that is not at right
angles to Woodlyn Ave., said portion at 64 degrees is substantially at right angles. It is
our argument that "substantially" means more than half, or 500/0. That part of the
easterly lot line that is at 64 degrees is 71 % of a right angle.
I will be available at the hearing for any questions you may have.
Sincerely,
George A. LeTendre
FINDING OF FACT DENYING MINOR SUBDIVISION
OF 156 WOODL YNN AVENUE (PF 3796)
1. City Code provision Section 11 04.04E requires that any proposed parcels in a minor
subdivision not cause any portion of the existing lots, parcels, or existing buildings to be in
violation of this regulation or the zoning code.
2. Section 1103.06F of the city code states that sidelines of lots shall be "substantially at right
angles or radial to the street line."
3. The proposed subdivision does not meet the requirements of Section 1103. 06F in that one of
the sidelines of the proposed lot is not at substantially right angles or radial to the street line.
4. The city of Roseville has as adopted an interin1 ordinance that effectively places a
moratorium on single-family residential lot splits. One of the purposes of the interim
ordinance is to conduct a study regarding the appropriate size and shape of allowable
subdivided lots, and to determine the impact of subdivision and the shapes and size of newly
subdivided lots on the character of existing neighborhoods. In light of these purposes,
approving the purposed subdivision's irregular lot shape, and resulting lots smaller than those
within the immediate adjacent vicinity, would be inconsistent with the purpose of the interim
ordinance, and may adversely impact public health, safety, and welfare.