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CC_Minutes_2007_0521
~it~ ;~ K ~ .C~''~,~ l~Tinnest~t~, USA Regular City Council Meeting Minutes City Hall Council Chambers, 2660 Civic Center Drive Monday, May 21, 2007 1. Call Roll Mayor Klausing called to order the Roseville City Council regular meeting at approximately 6:00 p.m. and welcomed everyone. (Voting and Seating Order for May: Roe; Kough; Ihlan; Pust; and Klausing.) City Attorney Jay Squires was also present. 2. Approve Agenda Cl~ujlcllmelmllber Roe requested 1 e~lo Val of Cf311Sellt ltei~l / .d entitled, ccr~ e~~- lutions -Adopt Resolutions for City Financial Policies." ll Councilmember Ihlan requested removal of Consent Items 7.f, g, and h re- spectively entitled, "Ordinance -Adopt an Ordinance Amending the City Code relating to Fertilizer and Pesticide Use;" "Interim Use Permit - Ap- prove an Interim Use Permit for State Fair Parking at Calvary Baptist Church and North Como Presbyterian Church;" and "Ordinance -Adopt an ordinance Modifying the City Code relating to Roseville Sign Regulation." By consensus, the Agenda was modified as noted. 3. Public Comment Mayor Klausing called for public comment by members of the audience on any non-agenda items. There were no comments. 4. Council Communications, Reports and Announcements Councilmember Kough thanked John Stark and the Community Develop- ment Department staff for their quick action in addressing a citizen's con- cerns regarding unauthorized dumping of materials at a site in the Twin Lakes area. ~~uiar Ci u~cil yeti onday, lYlay 21, 2007 Pale 2 5. Recognitions, Donations, Communications a. Resolution -Resolution of Appreciation for Superintendent Jan Witthuhn's Distinguished Service to Mounds View School District Mayor Klausing read a resolution of appreciation for Superintendent Jan Witthuhn's Distinguished Service to Mounds View School Dis- trict. On behalf of the City Council, staff and the community, Mayor Klausing thanked Dr. Witthuhn and wished her well in her retirement. Pust moved, Ihlan seconded, adoption of Resolution No. 10501 enti- tled, "Resolution of Appreciation for Superintendent Jan Witthuhn's Distinguished Service to Mounds View School District ". Councilmember Kough wished the incoming Superintendent, Dan Hoverman well in his new position as Mounds View School District Superintendent. Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. b. Resolution -Resolution Endorsing the U.S. Mayors Climate Pro- tection Agreement City Manager Bill Malinen, at the request of Mayor Klausing, pro- vided background information on the City's status as a "Cool City" and formally presented a resolution endorsing the U.S. Mayor's Cli- mate Protection Agreement as amended by the 73rd annual U. S. Con- ference of Mayors meeting. Mayor Klausing requested City staff, City Advisory Commissions and the Housing and Redevelopment Authority (HRA) to consider initia- tives and to make recommendations on activities that the City of Roseville could undertake to help meet "Cool Cities" standards. Roe moved, Kough seconded, adoption of Resolution No. 10502 enti- tled, "Resolution Endorsing US Mayors Climate Protection Agree- ment ". Roseville Area High School Earth Group Environmental Project stu- dents, Kai Briash and Katie Salvatore accepted the resolution from Mayor Klausing. On behalf of the City Council, staff and community, ~g lar ~ Cmu cii e~ti onay, May 21, 2007 Page 3 Mayor Klausing thanked the school students for taking the initiative to encourage Roseville to become a "Cool City." Councilmember Ihlan personally thanked the RAHS Earth Group En- vironmental class, and noted that she looked forward to working with and seeking the assistance of the Earth Group to begin collating data to conduct an inventory establishing benchmarks for the City. Mayor Klausing noted that students would be attending the Public Works, Environment, and Transportation meeting the following eve- ning. Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. 6. Approve Minutes a. Minutes -Consider Approving Minutes of the Regular Meeting of May 7, 2007 Roe moved, Pust seconded, approval of the minutes of the May 7, 2007 Regular Meeting as amended. Corrections: Item 10.a "Responsible Government Unit (RGU)...;" Page 10, line 15 (Roe) Correct to read: "Mr. Stark noted that staff was already in the process of working on the p~e~t~ [Environmental Assessment Worksheet (EA W)J preparing it for submission to the applicable agencies; and would return to the City Council for formal action." training provisions. Item 10.b "Status Report -Status of Agel's Charhouse Alcohol Violation Appeal Proceedings...;" Page 11, line 17 and Page 12, line 12 (Roe) Correct to read: DELETE third bullet point in its entirety regarding Item 10.c "Status Report -Review Imagine Roseville 2025 Status Report;" Page 13, line 33 (Roe) cgular City Council coin onday, May 21, 2007 Page 4 Correct to read: Councilmember Roe opined.... The Council should encourage involvement from the community when the document a ° ~~~ was fu~the~ developedJ. Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. b. Minutes -Consider Approving Minutes of the Special Council Meeting of May 14, 2007 Roe moved, Pust seconded, approval of the minutes of the May 14, 2007 Special meeting as presented. Roll Call Ayes: Roe; Kough, Ihlan, Pust and Klausing. Navs: None. c. Minutes -Consider Approving Minutes of the Study Session of May 14, 2007 Roe moved, Pust seconded, approval of the minutes of the May 14, 2007 Study Session as presented. Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. 7. Consider Consent Items There were no additional changes to the Consent Agenda other than those previously noted. At the request of Mayor Klausing, City Manager Bill Malinen briefly re- viewed those items being considered under the Consent Agenda. a. Check Register -Approve Check Register Pust moved, Ihlan seconded, approval- of the following claims and payments as presented. eguar City Co c~i eeti 1~Ionay, ay 2, 2007 Page 5 ACH Payments $971,853.31 47369-47543 571,668.00 Total $1,543,521.31 Roll Call Ayes: Roe; ought Ihlan; Pust and Klausing. Nays: None. b. Over X5,000 Report -Approve Purchases and Sales of Surplus Items Exceeding $5,000 Pust moved, Ihlan seconded, approval of general purchases and/or contracts as follows: Vendor Item/Description Amount Veit Clean storm sewer lines -Center & Rice Streets $10,151.35 Software House Int'I. Microsoft Software License Renewal 11,000.39 Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. c. Business Licenses -Approve Business Licenses Pust moved, Ihlan seconded, approval of business license applications for the period of one year, for the following applicants: Applicant/Location Type of License Midland Hills Country Club, 2001 Fulham Street Gas Pumps -Private Cigarette/Tobacco Products Am Kopp @ Lifetime Fitness, 2480 Fairview Massa e Therapist Sall Ro ers @ Lifetime Fitness, 2480 Fairview Massa e Thera ist Jennifer Feddick @ Lifetime Fitness, 2480 Fairview Massa e Therapist Shawn Boike @ Lifetime Fitness, 2480 Fairview Massa e Therapist Lifetime Fitness, 2480 Fairview Massage Therapy Establishment TGI Friday's, 2480 Fairview Cigarette/Tobacco Products Intercity Oil, 1681 Rice Street Gasoline Station Ci arette/Tobacco J C Penney, 1700 W County Road B-2 Massage Therapy Establishment Roseville VFW Post 7555, 1145 Woodhill Drive Cigarette/Tobacco Products Mar Devitt @ Mind, Bod & Soul, 1740 Lexin ton Massa a Thera ist egular i Coun~i e~ti 1Vlonday, ay 21, 2007 Page 6 B-Dale Club, 2100 N Dale Amusement Device Pool/Billiards Jonathon Robert Fielding & Co., 1767 Lexington N Cigarette/Tobacco Products Hamline Liquors, Inc., 2825 Hamline Avenue N Cigarette/Tobacco Products Network Liquors, 2727 Lexington Avenue N Cigarette/Tobacco Products Pavilions Place 7, 1655 W Countr Road B-2 Theater License Brausen Ent., d/b/a B-Dale Shell, 2164 N Dale St. Gasoline Station Ci arette/Tobacco Diamond Lake 1994, d/b/a CUB Foods, Cigarette/Tobacco 2100 N Snellin Products S & Z Inc., d/b/a Tri City BP, 3110 N Cleveland Gasoline Station Ci arette/Tobacco Jade Inc., d/b/a Rosedale BP, 2441 N Fairview Gasoline Station Ci arette/Tobacco Metz Bakin Compan , 2745 Lon Lake Road Gas Pum s -Private Rocco Altobelli Inc., 1655 County Road B-2 Massage Therapy Establishment Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. e. Premises Permit -Approve the Renewal of the Lawful Gambling Premises Permit for the Lady Slipper Chapter of American Busi- ness Women's Association Pust moved, Ihlan seconded, approval of the Gambling License Prem- ises Permit renewal for Lady Slipper, a Chapter of American Business Women's Association, for a two year period ending July 31, 2009. Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. 8. Consider Items Removed from Consent a. Resolutions -Adopt Resolutions for City Financial Policies Operating Budget Policy (Former Consent Item 7.d) Councilmember Ihlan advised that she had requested removal of the next three items, all substantive policy resolutions and/or adoption of ordinances, to provide an opportunity for members of the public to be given time to do so. ~ular i Co ~~~ ~~tf g IVI®nay, ay , Q07 Page 7 Councilmember Ihlan requested that staff, in the future, have a sepa- rate agenda item for such policy issues to be considered by the City Council to provide such an opportunity for the public. Mayor Klausing called for public input on this item. No one appeared to speak. Roe moved, Pust seconded, adoption of Resolution No. 10503 enti- tled, "Resolution Adopting the Operating Budget Policy for the City of Roseville." Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. Capital Irnprovernent Policy Roe moved, Pust seconded; adoption of Resolution No. 10.504. enti- tled, "Resolution Adopting the Capital Improvement Policy for the City of Roseville." Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. Debt Policy Roe moved, Pust seconded, adoption of Resolution No. 10505 enti- tled, "Resolution Adopting the Debt Policy for the City of Roseville." Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. Revenue Policy Councilmember Roe suggested a correction on the Revenue Policy, line 418-419, striking the fifth bullet point; noting that the statement establishing fees and user charges was referenced and repeated in each of the next three bullet points. Councilmembers concurred. egular Ci ~~ e~t~ onday, ay 21, 2007 Page Roe moved, Pust seconded, adoption of Resolution No. 10506 enti- tled, "Resolution Adopting the Revenue Policy for the City of Rose- ville, as amended." Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. Capital Replacement Policy Roe moved, Pust seconded, adoption of Resolution No. 10507 enti- tled, "Resolution Adopting the Capital Replacement Policy for the City of Roseville." Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. b. ~rdinanCe -Adopt a_n_ Ordinance Amending the City Code relat- ing to Fertilizer and Pesticide Use (former Consent Item 7.f) Public Comment Eugene Bahnemann, 2656 N Lexington Avenue Mr. Bahnemann expressed concern that several weeks ago, the City had sprayed around the City Hall campus for dandelions on a very windy day, and that with his health and proximity to the campus, the spraying had not helped his condition. Mr. Bahnemann also expressed his ongoing lack of appreciation for the natural areas (Prairie Grass} around City Hall; and questioned the recent relocation of the City Hall sign; and opined that "it seems there's a lot of waste around here." Councilmember Ihlan questioned whether the City would be required to make notice of application of herbicides under the proposed ordi- nance. Randy Neprash, Public Works, Environment, and Transportation Commissioner Mr. Neprash advised that the State's language, incorporated into the proposed ordinance, covered all herbicides. ~gular City C~ ciI ~~ti Monday, May 1, 2007 Page 9 Mayor Klausing asked for staff comment. Public Works Director Duane Schwartz advised that herbicide appli- cation was included in the proposed ordinance. l~/Ir. Neprash advised that, once the City had adopted the proposed or- dinance, it had options to adopt a set of policies for its internal use for notification requirements on City-owned properties. Mr. Neprash fur- ther advised that this would be next on the PV'~ET Commission's agenda to make specific recommendations to the City Council, with staff's assistance. Councilmember Roe clarified with staff that the proposed ordinance amends signage requirements for posting after application, rather than during or before application. Mr. Schwartz responded affirmatively. Mr. Schwartz noted that this particular treatment had occurred on a Saturday, and was performed by a commercial vendor contracted by the City to apply weed and feed applications on an annual basis. Mr. Schwartz noted that com- mercial applicators make a determination as to conditions for applica- tion and signage had been in place following application. Councilmember Ihlan suggested that proposed internal policies in- clude notice efforts prior to application, and if City staff was not on site, that a contact number be provided. Mr. Neprash noted another option would be to stipulate wind speed guidelines in proposed policies. Councilmember Roe noted previous Council discussion that commer- cial applicators were notifying neighbors prior to application. Mr. Neprash advised that this is a voluntary action of applicators, and varied with commercial applicators. Councilmember Kough expressed his personal dislike of the prairie grass surrounding areas of City Hall, and his preference for regular turf. ~uiar City C®uncii yeti 1Vlonday, May 21, 2007 Page 10 Mayor Klausing noted that, while the City Council usually didn't get into that level of landscaping plans, he suggested that staff make a presentation at a future meeting regarding the rationale for the prairie grass, specifically in light of ongoing conservation and "green" initia- tives and concerns about spraying herbicides, along with water con- servation efforts. Ihlan moved, Pust seconded, enactment of Ordinance No. 1348 enti- tled, "An Ordinance Amending Chapter 408, Lawn Fertilizer." John Kysylyczyn, 3083 N Victoria Avenue Mr. Kysylyczyn opined that Mayor Klausing's statement was incor- rect, and that the City Council had been involved, referencing the Landscaping Study and Report he had recently brought to the City Col~nci l's a.ttenti on 5 a.s well as staff ~ recent presentation on the County Road C - Phase I streetscape. Mr. Kysylyczyn opined that the City Council had clear authority to deal with landscaping issues if they so chose to do so. Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. Ihlan moved, Pust seconded, adoption of Resolution No. 10508 enti- tled, "A Resolution Approving a Summary of an Ordinance Rewriting and Adding Portions of Title 4, Chapter 408 Lawn Fertilizer." Mayor Klausing requested, and City Attorney Jay Squires provided a brief explanation for the public's information on the rationale in the City Council adopting a resolution authorizing publication of an ordi- nance summary, rather than the ordinance in its entirety, to reduce publication costs. Roll Call Ayes: Roe; Kough; Ihlan; Pust and IS;lausing. Nays: None. c. Interim Use Permit -Approve an Interim Use Permit for State Fair Parking at Calvary Baptist Church and North Como Presby- terian Church (Former Consent Item 7.g) egular Ci C® iii eeti IVI®nciay,l~Iay Z1, 2007 Page 11 At the request of Mayor Klausing, City Manager Bill Malinen briefly reviewed the request. Mr. Malinen noted that a Public Hearing had been heard at the Planning Commission level, and the request subse- quently reviewed by the City Council at their May 14, 2007 Study Session; and was recommended for approval by the Planning Com- mission and staff. Roe moved, Ihlan seconded, adoption of Resolution No. 10509 enti- tled, "A Resolution Approving Ten Minnesota State Fair Park-and- Ride Lots for Operation During the Annual Minnesota State Fair (PF 07-017);" amending the Interim Use Permit to include two additional sites at North Como Presbyterian Church, 965 Larpenteur Avenue, and Calvary Baptist Church, 2120 Lexington Avenue; to the previous eight facilities. Mayor K 1 au si n g cl arifi_ed that there had previ nusly been eight sites; and two additional sites were being added, amending the original In- terim Use Permit. Mayor Klausing called for public input on this item. No one appeared to speak. Councilmember Ihlan questioned staff whether residents were now supportive of the Calvary site. City Planner Thomas Paschke advised that State Fair representatives regarding internal create less disruption for adjoining residents. staff had received no additional comments from residents. staff had met with the and external routing to Mr. Paschke noted that in writing or by phone Mr. Paschke further advised that, while the original Interim Use Per- mit had been adopted by motion, staff had determined that it would be more appropriate to incorporate sites and conditions in resolution form. Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. egular i Council eating Monday, ay 21, 2007 Page 12 d. Ordinance -Adopt an Ordinance Modifying the City Code relat- ing to Roseville Sign Regulation (Former Consent Item 7.h) At the request of Mayor Klausing, City Manager Bill Malinen briefly reviewed the request. Mayor Klausing sought City Attorney Squires' opinion regarding the steps for adoption and amendment of the sign regulations. Mr. Squires advised that the third action recommended by staff in their report dated May 21, 2007, "Adopt the Official Summary of Or- dinance," was not necessary." Public Comment John Kysylyczyn, 303 N Victoria Street Mr. Kysylyczyn questioned if State Statute had been referenced with this proposed sign ordinance. Councilmember Pust, from her extensive work with the proposed regulations when serving on the City's Planning Commission; and City Attorney Squires from his review of the documents, advised that Statutory changes had been incorporated into proposed Chapter. Mr. Kysylyczyn questioned "temporary signs" on page 14, line 42 of the redlined copy of the proposed document; and questioned how this related to banners, and whether the City was exempt from regulations. Councilmember Pust opined that, once adopted, would apply to the City as well as the public. Councilmember Kough advised that he shared concerns regarding use of banners at grand opening events and other celebratory events. City Planner Thomas Paschke advised that banners were currently prohibited and were proposed to be prohibited in the proposed regula- tions. Mr. Paschke advised that staff attempted to enforce this code violation, however, noted that it was difficult to enforce throughout the City in a timely manner. egnla~ ity ouncii eeti 1l~Ionday,ll~Iay 21, 2007 Page 13 Councilmember Ihlan new language on page 11, lines 25 - 28 or the redlined copy of the ordinance, related to banners, etc. in residential areas and intent of proposed restrictions. Councilmember Roe and City Planner Paschke noted language on the clean ordinance copy, page 9, line 38, for clarification. Councilmember Ihlan opined that "all zoning districts," was not ap- propriate, and that residentially zoned properties should be allowed to have lawn signage on a temporary and limited basis for special events or purposes (i.e., Christmas lights, garden decorations or for scaring off animals/birds, balloons for parties, and/or congratulatory banners), as long as that signage was not home business-related advertising. Councilmember Pust concurred with amending the language. Pust moved, Ihlan seconded, amending language on page 9 of the clean copy, line 38 - 44, "Item C.l -Prohibited Signs," as follows: "Any sign not specifically allowed by this Ordinance is strictly pro- hibited in all zoning districts, including "~~^~ '~m~*°a ~ off-site signs, flashing signs, mobile signs, roof signs, rotating signs, painted signs, '~~~N °"'`~, '~~'~~; [andJ billboards." Additional language would read: "The following signs are permitted in residential districts for non- commercial purposes only: banners, balloons, pennants, spinners, windsocks, streamers, ribbons, whirling devices, or light bulb strings. Roll Call Ayes: Roe; Ihlan; Pust and Klausing. Nays: Kough. Councilmember Ihlan questioned and sought clarification on the defi- nition for "Mobile Signs," on the redlined version, page 5, line 26 - 35, Section 25; as well as referencing the clean version, page 5, line 1 - 6, Section 22. Councilmember Ihlan noted her general concern was in determining when a mobile sign became permanent. egular City C®uncil eeta~g ®nday,lVlay Z 1, 2007 Page 14 Councilmember Roe noted that, during his review of the regulations at the Planning Commission level as a former Commissioner, he deter- mined that the first sentence defined the whole section; however con- curred that the last sentence needed to be clarified as to defining whether a sign is permanently or temporarily attached, when initially defined as a mobile sign. Considerable discussion ensued regarding language that would clarify the intent for a mobile sign, excluding initial transportation from the factory to the installation site. Councilmember Pust suggested striking "permanently," from the lan- guage. Ihlan moved, Klausing seconded, striking "permanently" from the language nn page 5, line 5, Section 2, -Mobile Sign," of the clean draft. Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. Mayor Klausing clarified that, when drafting legislation, the City Council, as the policy-setting body, reserved the right to amend lan- guage once an ordinance was put into practice and refinement was in- dicated. Councilmember Ihlan referenced the redline version, page 5, line 30, seeking to incorporate the stricken language back into the final ver- sion related to vehicles used for advertising purposes when parked and visible from a public right-of--way, other than for normal day-to-day operation if working at that site. Discussion ensued regarding how to stipulate and enforce vehicles used for business owners for use at work, but driven back and forth to work on a daily basis and parked at their residence versus deliberate parking for advertising purposes; businesses with trucks and trailers that have signage on them and cumbersome enforcement scenarios. eglar ~ o ail .eating Mondays May 21, 2007 Page 15 Ihlan moved, Klausing seconded, to include back in the ordinance page 5, lines 30-33, "signs mounted on a vehicle for advertising pur- poses, when the vehicle is parked and visible from the public right-of- way, except signs identifying a business when the vehicle is being used in the normal day-to-day operation of that business." Doll Call Ayes: Roe; Ihlan; Pust anal Klausing. I~Tays: Kough. Councilmember Pust had the following language change/clarification suggestion on the clean version, which was incorporated by Council consensus: Section 24 - I~aanei~late Sign Page 5, line 1 ~, revise 1_a_n_guage to includes "~at lea,~~t~" 4 ipches ,n height Councilmember Roe suggested including language in the same section to include that the maximum "sign area shall not exceed 4 square feet, "and to remove "to, "which was also incorporated by Council consensus. Councilmember Pust had the following additional language changes/clarifications on the clean version, all of which were incorpo- rated by Council consensus: Section 31-Pole Sign Page 6, Line 26, typographical correction from "of ' to "or." ~'hroughout the document, City Attorney Squires was asked to verify that references to various numbered sections of the proposed ordi- nance were correct (i. e., page S, line 7; page 10, Section C. 2 under prohibited signs; page 14, line 39; etc.). 1009.03 -Permits Page 10, lines 16 - 29, correct numbering Item 10, Political Signs egular City Council satin Monday, May 21, 2007 Page 16 Page 12, line 17 - 29, make language in Item 10, Sections a and b re- lated to political signs consistent with State Statute, and City policy, by allowing for 10 days for posting political signage. Page 14, Master Sign Plan Line 23, capitalize "Master Plan" for consistency. [Original Motion] Pust moved, Klausing seconded, enactment of Ordinance No. 1349 entitled, "An Ordinance Amending Title 10, Section 1009, Sign Regu- lations," as amended. Roll Call [Original Motion] Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. [Summary] Pust moved, Ihlan seconded, adoption of Resolution No. 10510 enti- tled, "A Resolution Approving a Summary of an Ordinance Rewrit- ing portions of Title 10, Chapter 1009, Sign Regulations, of the Rose- ville City Code," as amended. Roll Call [Summary] Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. 9. Public Hearings a. Public Hearing - Conduct a Public Hearing for the Purpose of Is- suing Tax-Exempt Bonds for Centennial Garden East Apartments (this item will be continued to June 11, 200'7) Finance Director Chris Miller briefly reviewed and clarified the intent of the requested action, in accordance with the staff report dated May 21, 2007. Mayor Klausing opened and closed the Public Hearing at 7:14 p.m., with no one appearing for or against. Pust moved, Ihlan seconded, CONTINUING the Public hearing to June 11, 2007, for the purposes of considering the issuance of ap- egnlar City C~u cil eating IVlonday,lVlay 1, 2007 Page 17 proximately $12.5 million in tax-exempt revenue bonds, for Centen- nial. East Limited Partnership. Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. 10. ether Business Items a. Presentation of Audit and financial Statements -Accept the 2006 Audit and Financial Statements City Finance Director Chris Miller introduced Mr. Jim Eichten, from the auditing firm of Malloy, Montague, Karnowski, and Radosevich, and Company, P. A. Mr. Eichten reviewed with Councilmembers the Management Report and other documents by reference in presenting the 2006 Audit and Financial Statements: Mr. Eichten provided a clean, unqualified opinion, in accordance with Government Auditing Standards, his firm's opinions and findings in detail. Mr. Eichten noted that current State Statutes did not support employee recognition events, as had been identified as an area of concern on past annual audits as well. However, Mr. Eichten further noted that the State Legislature had just recently adopted a resolution, and signed by the Governor, provisions that would authorize certain types of ex- penditures. Mr. Eichten advised that he had not had time to review the legislation in detail or determine how it would impact his firm's findings related to the City of Roseville. Mr. Eichten further reviewed internal accounting controls; efficiencies being sought in electronic payment processes; and provided compari- son per capita and state-wide average data. Mr. Eichten discussed with Councilmembers the Letter of Credit and pending litigation impacts to City operations related to the Twin Lakes redevelopment project; fund balance policies of the City Coun- cil and compliance with such policies; superb budget projections egular C~~y Council eeti 1VIonday,lVlay 21, 2007 Page 1~ compared to actual revenue/expenditures; and a review of each spe- cific enterprise fund. Mr. Eichten addressed current and future General Accounting Stan- dards Board (GASH) requirements and implications. Councilmember Kough noted his concerns with findings of non- compliance in certain areas (i.e., employee recognition} and his strong desire that the City be in full compliance. Mayor Klausing clarified that the next agenda item would address Councilmember Kough's desire to establish an Audit Committee. At the request of Councilmember Roe,1~/Ir. Eichten advised that his firm currently audits thirty-two cities in the metropolitan area, and that n on e have an ala d_i_t corr~mi tteP; while some leave a deCi gn ated f _ nance committee that meets with management staff prior to applicable items coming before the City Council. Mr. Eichten advised that his firm was open to working with whomever the City Council desig- nated; however, noted that he was required to report to the entire City Council for their formal acceptance of the annual Audit and Financial Statements. Additional discussion included accounting standards and recommen- dations regarding audit committee; and purposes of such an oversight committee. Mayor Klausing called for public comment, with no one coming to speak. Roe moved, Pust seconded, acceptance of the 2006 Annual Financial Report as presented by Jim Eichten, from the firm of Malloy, Monta- gue, Karnowski, and Radosevich, and Company. Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. Mayor Klausing thanked Mr. Eichten for his report and presentation. egular City ounci ~~tin Monday, May 21, 2007 Page 19 b. Consider Formal Designation of City Council Audit Committee Kough moved, Ihlan seconded, appointment of two Councilmembers to serve as representatives on the Finance or Audit Committee to meet periodically with the external auditor and staff on various finance- related issues as appropriate; and nominating Councilmembers Ihlan and Pust to serve as the initial appointees. Councilmember Ihlan spoke in support of the motion, and expressed her willingness to serve. Councilmember Ihlan opined that by a sub- committee of Councilmembers meeting with staff and the Auditor on a period basis related to finance policy issues and practices, it would allow the full Council to handle routine matters more efficiently, fol- lowing recommendation by the Committee, by focusing on procedures and necessary policy implementation or revision. Mayor Klausing spoke in opposition to the motion, noting that it was his understanding that it was Council consensus that the entire Coun- cil serve as the Audit Committee; opining that this would provide more transparency and enhance communication among the body, and further opining that this was a core function of the City Council. Councilmember Roe spoke against the motion, opining that he didn't see the benefit of a subcorrimittee, and expressed personal concern with discussions going on that were not in the public realm. Coun- cilmember Roe opined that the public would prefer that all discussions regarding financing, auditing and City policies be discussed in open forum; and that if more details were required, each Councilmember had the option of asking staff or the auditing firm. Public Comment John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn opined that all subcommittees were required to fol- low open meeting laws; that subcorrimittees were quite common, par- ticularly in the legislature and/or larger city governments; and ad~an- tages of a subcommittee in being able to delve more deeply into spe- cific issues and make recommendation to the full body. ~gular ~ aun~il e~ti T~Ionday, l~iay 1, 2007 Page 20 Councilmember Pust advised. that while she was willing to serve on a Finance Committee, she opined that part of her responsibility as an elected official was to monitor the City's finances at all times, and that all five members held the same responsibility and should be in- volved in finance-related discussions. Councilmember Pust further opined that there was nothing more sensitive to the public related on a local government level than where money comes from and where it goes, opined that she was encouraged by the amount of transparency and current subcommittee work being accomplished; and spoke in op- position to the motion, opining that such action would not further that work to-date. Councilmember Ihlan expressed disappointment that the Council ma- j ority was not willing to give the Finance Subcommittee a try; and opined that it was a missed opportunity, and cited the employee rec- ognitinn iss>>e over the years and lack of reColution as an example of the role of a Subcommittee in solving such issues. Councilmember Pust recognized the issue; however, noted that it had been solved now; and was a lesson on leadership responsibilities for the entire Council. Councilmember Roe expressed interest in the recently-adopted legis- lation and its impact on City practices; thanked Councilmember Kough for leading by example in pursuing this matter; and opined the need for individual Councilmembers to take leadership roles in pursu- ing accountability on issues. Al Sands, 2612 Aldine Mr. Sands expressed appreciation that the City Council was getting more involved financial issues, opining that this was a serious lack in past years; and that the Council needed to assure citizens that their as- sets were being protected, and not just left to staff, but through inter- nal control measures fully documented and followed. Mayor Klausing clarified that he had always been interested in the City's financial well-being; however noted that the Attorney Gen- eral's opinion and City Attorney opinions were inconsistent; and staff egular ~'~ Council t~ Monday, May 21, 2007 Page 21 had brought forward a proposal that addressed the employee recogni- tion issue. Roll Call Ayes: Kough. and Ihlan. Nays: Roe; Pust and Klausing. Motion failed. Klausing moved, Roe seconded, appointing the full City Council body to serve as the Audit Committee. Mayor Klausing recommended that, as a follow up to implementation of written internal controls, that a recurrent agenda item be included for finance issues; with the first specific issue being a review of re- cently-enacted legislation regarding public employee recognition and how it relates to current and future practice in the City of Roseville; and Staff reco~~nmendationS. Councilmember Pust questioned the need to take formal action on the City Council serving as the Audit Committee. Mayor Klausing opined that it would serve to formally relay a state- ment to the public that the City Council took the matter seriously. Councilmember Pust reiterated that every individual elected official had this responsibility. Mayor Klausing advised that he understood that this was an important matter for Councilmember Kough, and that he was attempting to be responsive as well. Councilmember Roe opined that it made sense to make a formal des- ignation that the City Council accepted their responsibility. Councilmember Ihlan opined that she didn't see such a motion to serve any purpose, when it was an inherent responsibility of the City Council. Mayor Klausing withdrew the motion. egular Ci ®neil eeti M®nday, ay 21, 2007 Page 22 c. Contract Proposal -Authorize Staff to Contract with ~onestroo for an Infiltration and Inflow Study City Engineer Debra Bloom and Public Works Director Duane Schwartz reviewed the staff report dated May 21, 2007, seeking Council support for approving a proposal for an Infiltration and In- flow Study for the City's sanitary sewer system, and implications to Metropolitan Council Environmental Services {CES} billings for ex- cessive flow. Ms. Bloom reviewed the infiltration and inflow definitions; the new MCES metering Plan; scope of the study; data gathering and evalua- tion; development of a metering program to isolate flows; and identi- fying sources of Infiltration. Ms. Bloom noted that four of the firms contacted had responded to the City's request for proposals. ~1ecZ?cci~r~ in~l~i~led types of inf~ltral-~nn pract,ces and violations of sanitary sewer use versus storm sewer use and environmental impacts; anticipated cost for a study; sump pump hook-ups; impacts on the sys- tem; potential problem areas; and educational efforts by staff to the public regarding infiltration issues. Pust moved, Ihlan seconded, to authorize the City to contract with Bonestroo to complete the Infiltration and Inflow Study, as per the terms outlined in the staff report dated May 21, 2007, on a direct cost basis, to be funded by City Sanitary Sewer Funds budgeted for inflow and infiltration reductions; with findings brought to the City Council for "next step" considerations once the Study has been completed and received. Mayor Klausing spoke in support of the motion, expressing interest in the report for its educational value. Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. d. Agreement -Consider an Agreement with Geo-Xergy for $14,300 to Conduct a Feasibility Study of Energy Sources for the Skating Center e lar C~ Co ci eet~ Monday, ay 1, 2007 Page 23 On an unrelated note, Parks & Recreation Director Lonnie Brokke noted Rosefest Buttons were available for sale at $2.00 each. Mr. Brokke reviewed in detail the staff report dated May 21, 2007 and receipt of five Requests for Proposals (RFD's) froth those eight firms originally contacted. Mr. Brokke provided background information; and emphasized that the study would be conceptual only, and not ac- tual. design work, and was anticipated to take approximately two months to complete. Discussion included additional costs for soil borings and/or test holes; concerns and explanations related to the large dollar disparity of the proposals; expertise and references of the firms; new construction ver- sus retrofit experience of the firms; additional discussions on wind turbine systems; and the amount of time spent by staff interviewing tl~e five firms. Councilmember Pust thanked Councilmember Kough for his Leader- ship in bringing this energy technology forward for potential energy efficiencies; and thanked Mr. Brokke for doing the preparatory re- search and investigations. Kough moved, Pust seconded, to authorize an agreement between the City and Geo-Xergy to conduct a feasibility study as outlined in the attached proposal, in an amount not to exceed $14,300, to be funded by the City Building Replacement Fund. Roll Call Ayes: Roe; Kough; Ihlan; Pust and Klausing. Nays: None. e. Request Direction -Request Direction on the Process for Public Input and Formal Acceptance of the Single-Family .Residential Lot Split Study Report Discussion was held regarding the best practice to solicit additional public input and comment on the report prior to formal City Council action and consideration of policy implementation and/or revisions. ~g lar° ~ ~~u cal ~~~a 1Vlonday, ay 2, 2 7 Page 24 Mayor Klausing recognized the work of the Citizen's Advisory Committee, and clarified that the City Council was not attempting to start the process over, but wanted to allow sufficient public comment on the proposed recommendations. With Council consensus, staff was directed to schedule a public meet- ing on June 1 1, 2007 to hear public comment on the lot split study re- port; and to use all available and regular media contact procedures to solicit public input. It was anticipated that the City Council, at their July Study Session, would begin to consider steps to incorporate the recommendations into City Code. Tarn McGlehee, 77 laid ®aks 1VI~, Mr~GPheP q>>acti~r~e~ `'~~hy the pre~~iQ~;~l~_c~~hmittPd re~ot~men~a- v vlt v ~AVVa.1 11 11 Vil 1 1 1 V Vllll VV 1 ~./ 111111 t.t Lions, and signatures of over 60 people had not been incorporated into the last City Council minutes, as she had provided as a bench handout. Mayor Klausing apologized for the oversight and assured Ms. McGe- hee that the document would be provided to the City Council and in- corporated into the next packet of related information. Ms. McGehee opined that many residents had not been aware of the study and sought to present the recommendations at this time. Mayor Klausing respectfully requested that Ms. McGehee wait until the June 11, 2007 meeting when other public comment was heard. Ms. McGehee asked that the above-referenced citizen recommenda- tion be included on the City's website. Councilmember Pust observed that there may be many opinions that were not published on the City's website and opined that all members of the public have the same opportunity to comment and could do so. Considerable discussion was held regarding whether to publish a pub- lic "meeting" or public "hearing;" with City Attorney Squires opining eu~ar C~ Co n~~ e~ti g Monday, May 2, 2007 Page 25 that it would be best to call it a public meeting: at which time public comment would be received. City Manager Malinen clarified and Council so directed by consensus that on June 11, 2007, a public meeting would be held at which tune public comment would be received regarding the Single-Family Resi- dential Lot Split Study Final Report and Committee recommenda- tions; that the information packet would include the citizen recom- mendation and signed petition referenced by Ms. McGehee, and des- ignated as such on the City's website and in the packet; and staff would proceed with a normal public hearing notification process would be followed, with the exception of no post card notice to prop- erty owners within a certain area designation. Councilmember Roe clarified, and Council agreed by consensus, that any mformat~on received between now and June ? ? to that ~,~Jas related to the Lot Split Study would be included in the information packet. f. Contract - Consider a Revised Contract for Alternative Urban Area-wide Review (AUAR) Community Development Director John Stark, and Economic Devel- opment Associate Jamie Radel, reviewed the staff report dated May 21, 2007, seeking City Council direction and authorization fora re- vised scope of services to complete the Twin Lakes Business Park AUAR Update; presenting two options as detailed on the report. Discussion included the scope of both options, and their advantages and limitations; reactionary impacts without an updated AUAR for developer proposals; Environmental Quality Board (EQB) require- ments; pricing and scope of both options more finely detailed; project changes to-date and implications to the contract with DSU for com- pleting the AUAR under current contract terms; and contexts of vari- ous scenarios. Councilmember Ihlan expressed concern with additional development scenarios and what was driving them, specifically the commercial component. Councilmember Ihlan expressed strong opposition to commercial-heavy development scenarios; and opined that the AUAR should not be completed until a public review of various development ~g ar Ci C~ ail ti 11~I~nclay, ay 1, 07 Page 26 scenarios, specifically if commercial and/or retail, had been com- pleted. Councilmember Ih1an further opined that, until such public comment was heard, the AUAR was a waste of public dollars; and strongly encouraged the City Council to engage in public input as soon as possible and then consider what scenarios should be incorpo- rated in the AUAR. Mr. Stark recommended that the City look at as many permutations as possible; emphasizing that this is not a consultant-driven recommen- dation, but recommended by staff in the City's best interests, in order to be proactive rather than reactive. Additional discussion was held regarding types of scenarios for con- sideration and staff rationale for including them in the AUAR. Counc~lmember Roe opined that the AT.JAR ~,~Jas a de`Jeiopmelit tool for planning and environmental concerns; and could be used as a valuable tool for the Council to know if a future development project was viable and how it would impact the area. Councilmember Pust concurred with Councilmember Roe's observa- tions. Mayor Klausing observed that the City didn't own the land in ques- tion, and that while the public input was used to formulate the Com- prehensive Plan, when that plan was in place, there were certain per- mitted uses within that framework; and the AUAR could ensure the existing Comprehensive Plan and future developer proposals allowed for appropriate mitigation efforts. Mr. Phil Carlson, representative of DSU, commented on the impor- tance of noting that the AUAR was a review and analysis of informa- tion, not an automatic development approval, but gauging affects for potential development scenarios within the context of the Comprehen- sive Plan; with provisions and Council discretion in allowing or disal- lowing specific development scenarios. Klausing moved, Roe seconded, to approve an amendment to the ex- isting contract with DSU and provide additional funding in order to ~ lar i Council ~~t~ array, a~ 21, 0 7 age 27 complete the Twin Lakes Business Park AUAR Update, authorizing Project Scope Option 2: Revision of Development Scenario 1B, and developing a third scenario as well as completing additional traffic studies; in order to maximize the flexibility of the AUAR as a devel- opment tool for future incremental or comprehensive redevelopment of the Twin Lakes area, at an additional cost estimated between $45,350 - $50,250. Discussion ensued regarding additional funding for an expanded scope; the public input process built into the AUAR process; and the need to gather as much data as possible to be proactive when develop- ers approach the City about specific development scenarios in the Twin Lakes area; and upfront costs of the GUAR prorated for reim- bursement by future developers. Mayor Kl_at~sing, noting the approachi_n_g meeting c>>rfew time of 1.0:00 p.m~, sought Council consensus to continue the meeting until 10:15 p.m. Council con- sensus was so provided. Mayor Klausing brought forward several remaining items on the agenda before continuing discussion on the AUAR. g. Dog Licenses -Consider Changes to Cat and Dog Licenses Mayor Klausing moved, Roe seconded, tabling considering changes to the City's Cat and Dog Licenses and Ordinance, pending additional information to be provided by staff. Roll Call Ayes: Roe; Pust and Klausing. Nays: Kough and Ihlan. Motion carried. h. Commission Vacancy - Consider a Procedure for Filling a Va- cancy on the Parks and Recreation Commission After a brief discussion, it was Council consensus that staff advertise for applications to serve on the Parks and Recreation Commission with applications due to the City by June 22, 2007 and schedule inter- views for July 9, 2007. ~g ar ~ Caunc~ ~et~ g anday, ay 1, 2007 Page ~ i. Commission Appointment -Consider Appointment to the Human Rights Commission Pust moved, Ihlan seconded, appointment of Ms. Marie Oftelie to the City's Human Rights Commission to serve for a term expiring March 3 1, 2008. oil all Ayes: Roe; Kough; Ihlan; Pust and Klausing. Iilays® None. 11. Councilmember-Initiated Items for Future Meetings Mayor Klausing advised Councilrnembers that he had spoken to those inter- ested representatives from various civic organizations regarding "Welcome to Roseville" signs, and they would coordinate with staff to attend one of the June City Council meetings. Councilmember Ihlan requested that consideration o_f street parking ordi_ nances be included on the next meeting agenda, following recent research by Councilmember Pust and herself. Councilmember Ihlan requested that the next meeting agenda include an item to clarify the time frame for the Northwestern College PUD expansion, and to ensure adequate future meeting time for public comment prior to final approval. Councilmember Ihlan requested that the next meeting agenda include an item related to audit and financial issues, prior to publication of the financial statements, on how to designate the Letter of Credit, or to provide a footnote for contingencies. Councilmember Ihlan, as an administrative matter for the City Manager, re- quested that future agendas include a separate section for ordinance adop- tions that may require substantive public comment, rather than including those items on the Consent Agenda. Councilmember Pust requested that the next agenda include discussion of the Communication Plan related to the Imagine Roseville 2025 visioning re- port. ~r 1 ~tl O~1 ~ly~ ~y 1~ 7 ~~~ Z9 AUAR Revised Scope Discussion, continued Additional discussion ensued related to advantages and disadvantages and support or lack thereof for either option, and Councilmember Pust encouraged the public to make their comments known to staff and/or Councilmembers by phone, e-mail., or other means. oll l Ayes: Roe; Pust and Klausing. Nays: Kough and Ihlan. Motion carried. r ~i ®r~ aye ~y ~ 7 12. Adjourn The meeting was adjourned at 10:08 p.m. Craig D. Klausing, Mayer ATTEST: t _o'- - .~. ~ .. i ~liam J. Malinen Lot Split Policy Recommendations May, 2447 We believe that R-1 zoning policy and code should be designed "for the purpose of protecting and enhancing the character, stability, and vitality of residential neighborhoods." ~Ve believe that Roseville has an adequate mix of hausing at this time, from mobile homes to homes valued at over one million dollars. Roseville is fortunate to have a generous standard lot size of 11,000 square feet that enhances the green space and wildlife opportunities within the city. To maintain the character and ambiance of our corrununity and neighborhoods, we the undersigned urge the Roseville City Council to adopt the following policy regarding lot splits in R®seville's residential n=e~ghborhoods c~aliiTeniiy listed as R- ~ . . 1. As of July 1, 2007, all R-1 platted lots within Roseville are declared legal, regardless of size, placement, lot lines, or any other aspects that would render them "non-conforming" under current policies. 2. Any R-1 lot platted as single-family and that has not yet been developed may be developed with asingle-family residence that conforms to Roseville building code. 3 . No R- l single-family platted. lot may be divided or subdivided without noticed (1,000 feet in all directions) public hearings before the Planning Corrunission and the City Council and subsequent approval of the proposal by the City Council. 4. Lots created by an approved division of an R-1 platted lot can be no smaller than the average lot size of all contiguous lots {those sharing a corrunon boundary with the original lot) and no smaller than the current standard lot size of 11,000 sf. For example, John and Mary Doe have a 45,000 sf lot. The three contiguous lots (right, left, and rear) are 20,000, 12,000, and 30,000 square feet respectively with an average of 20,666 sf. 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