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HomeMy WebLinkAboutCC_Minutes_2007_1008City of ~T~~ 7i T 1~j..~T~V-j~JZT. Minnesota, USA Regular City Council Meeting Minutes City Hall Council Chambers, 2660 Civic Center Drive Monday, October 8, 2007 1. Call Roll Mayor Klausing called to order and reconvened the Roseville City Council regular meet- ing in regular open session at approximately 6:10 p.m. and welcomed everyone. (Voting and Sealing Order for October: Ililan; Roe; Kough; Pust; and Klausing) City Attorney Scott Anderson was also present. Summary Report of Closed Executive Session At the request of Mayor Klausing, City Attorney Scott Anderson provided a summary of the Closed Executive Session held by the City Council immediately prior to the regular business meeting. Mr. Anderson advised that, in accordance with the Open Meeting Law, and under Mimie- sota Statute, Section 13D.05, Subd. 4. (b), closure was authorized under the attor- ney/client privilege. Mr. Anderson noted that, upon motion and unanimous vote of the Council (5/0), the special meeting was closed and the Council convened in a Closed Ex- ecutive Session at 5:35 p.m. for a litigation update and discussion of strategies and tac- tics, and an evaluation of the case to-date, from City Attorney John Baker, League of Minnesota Cities Insurance Trust (LMCIT), regarding Friends of Twin Lakes v. City of Roseville and the City's negative declaration on the need for an Environmental Assess- ment Worksheet (EAW) for Northwestern College. Mr. Anderson noted that along with the City Council and Mr. Baker, he and City Finance Director Chris Miller were also pre- sent. Mr. Anderson advised that at 6:05 p.m., upon motion of the City Council, the meet- ing was recessed and was now reconvened in regular session. 2. Approve Agenda Staff requested removal of Consent Agenda items 8. e. and g. respectively entitled, "Ap- prove aBurn for the B-Dale Club Halloween Bonfire," and Award Bid for Self-contained Breathing Apparatus." The agenda was approved by consensus, as amended. 3. Public Comment Mayor Klausing called for public comment by members of the audience on any non- agendaitems. Regular City Council Meeting Monday, October 08, 2007 Page 2 a. Nancy Robbins, Friends of Harriet Alexander Nature Center (ForHANC) Volunteer Ms. Robbins provided a brief summary of the very successful Wild Rice Festival held on September 15, 2007, with over 900 people in attendance. Ms. Robbins noted the generosity of individual and business sponsors; specifically noting the generosity of "Half Price Books" as a title sponsor, allowing an expansion of the Native American Dancers, an always popular event. Ms. Robbins advised that the success of the event allowed substantial funds to be raised for HANC; and ex- pressed enthusiasm for next year's event, the 5`h annual Wild Rice Festival, and recognized it would be held during the City of Roseville's 60"' Anniversary. Ms. Robbins concluded her remarks by publicly thanking the City's Parks and Recrea- tion Department and staff for their support of ForHANC's endeavors. Mayor Klausing thanked ForHANC volunteers for their work at HANC. 4. Council Communications, Reports and Announcements Mayor Klausing reminded the public and Councilmembers of the Tuesday, October 9, 2007, 10:00 a.m. - 12:00 Noon presentation at Roseville Lutheran Church, 1215 WRose- lawn Avenue, with special speakers, Will Steger and Ms. J. Drake Hamilton, regarding Global Warming Solutions and an Eyewitness Account; and sponsored by Vital Aging Network, Volunteers ofAmerica-Minnesota, and Congregations Caring for Creation MN Interfaith Power and Light. 5. Recognitions, Donations, Communications a. Recognition -Accept Minnesota Recreation and Parks Association (MRPA) 2007 "Award of Excellence" in Administrative Management for the Recrea- tion Agreement Involving an Endowment Fund Jill Anfang, Assistant Parks & Recreation Director introduced Mr. John Elholm for presentation of a Minnesota Recreation and Parks Association (MRPA) "2007 Award of Excellence" for the City's creation of a Recreation Agreement to man- age the Skating Center endowment funds and ensure fund revenues were used for intended purposes, Skating Center operations and capitalization. Mr. Elholm, a resident of Roseville, and Parks Director for Washington County, and as a representative and on behalf of the MRPA, presented the award to Mayor Klausing, noting that the Recreation Agreement would serve as a model agree- ment for similar situations in the future, and addressed short and long-term bene- fits for the Roseville Skating Center, including financial health and volunteer in- volvement. Mr. Elmholm further recognized Parks and Recreation Director Lonnie Brokke, and Ms..4nfang for nominating the project. Mayor Klausing accepted the award, on behalf of the City Council, staff and citi- zens of Roseville, and thanked staff and those volunteers involved in developing the Agreement. Regular City Council Meeting Monday, October O8, 2007 Page 3 Roe moved, Pust seconded, authorizing acceptance of the Minnesota Recreation and Parks Association (MRPA) 2007 Award of Excellence for Administration of Management Strategies for the Recreation Agreement Involving an Endowment Fund. Roll Call Ayes: Ihlan; Roe; Kough; Pust; and Klausing. Nays: None. b. Recognition -Rosefest Sponsor Recognitions c. Acceptance of General Donations Ms. Anfang recognized numerous local businesses and individual sponsors for 2007 park and recreation activities in the community: 2007 Summer S onsors S onsor(s) Event(s) Herita e Place of Roseville Rosefest Golden Rose Medallion North American Rankin Com an. Run & Roll far the Roses Lexington Floral Run & Roll for the Roses Running Room Run & Roll for the Roses Roseville Outback Rosefest Golf Tournament North Suburban Youth Foundation Tour de Roses Famil Bike Ride RosePointe Independent Living Apartment Homes Community Health Fair Roseville Famous Dave's BBQ & Blues Fest Roseville Visitors Association Jul 4` Fireworks Roseville Dunn Bros. Coffee Mosquito Bluegrass Festival RosePointe Independent Living Apartment Homes Summer Entertainment Communit Resource Bank Summer Entertainment North Suburban Evening Lions Summer Entertainment Product and Materials Donations Contributor Item Value Bob Willmus Inflatable Basketball Hoo $25.00 Modern Woodmen Youth 100 Water Bottles -Gifts for flower 150.00 Service Club planning volunteers (Rynetta Renford) Modern Woodmen Youth Flower Planting Refreshments 60.00 Service Club (R etta Renford) Sweat Family Tennis 5 Tennis Nets 250.00 Center Richard Rietz 3 Sets Cross Countr Skis 75.00 Regular City Council Meeting Monday, October 08, 2007 Page 4 North Suburban Microphone Stand for Skating Center 30.00 Golden K Kiwanis Club Banquet Room Rocco Altobelli 110 - $10 Gift Certificates for Rosefest 1,100.00 Golf Tourney Smooth Grind 36 - $10 Gift Certificates for Ladies 360.00 Golf League Prizes Marcy Slettedahl & Arboretum Bench 2,000.00 Family - Central Park Foundation Total Product and Materials Donations $4,050.00 Cash Donations Contributor Item/Use Monetary Contribution B-Dale Club Boccee Ball Courts at Villa Park $5,600.00 Rebuild Cenh~al Park Foundation Central Park Muriel Sahlin Arbore- 5,000.00 tum Irri ation Friends of the OVAL Expansion Joint Repairs 4,600.00 Foundation. North Suburban Youth Nature Center Curriculum Writing 4,000.00 Foundation Friends of Roseville 2007 Blooming Boulevard Plants 2,585.00 Parks FORParks) Central Park Lexington Kiwanis Club of North Replaced Puppet Wagon Sound Sys- 1,490.00 Suburban St. Paul tem Northeast Tennis Asso- 4 Tennis Court Information Kiosks 1,400.00 ciation Purchased North Suburban Evening Nature Center Materials & Supplies 500.00 Lions North Suburban Evening Recreation Program Scholarships 500.00 Lions North Suburban Gavel Cash Donation 500.00 Association Roseville Women of To- Summer Entertainment Support 200.00 day Roseville Sunday Eve- Cash Donation 100.00 ning AA Grou Total Monetar Contributions $26,475.00 TOTAL $30,525.00 Councilmember Roe personally thanked and moved, Kough seconded, recogni- tion of the significant contributions by the above-referenced business and com- munity organizations for their sponsorship of various 2007 summer events in the City of Roseville, and accepted those general donations as referenced. Regular City Council Meeting Monday, October 08, 2007 Page 5 Roll Call Ayes: Ihlan; Roe; Kough; Pust; and Klausing. Nays: None. Mayor Klausing, on behalf of the City Council, staff and community, thanked all for their generosity, recognizing that the events wouldn't happen or he successful without that support. 6. Approve Minutes a. Minutes -Approve Minutes of 9/24/07 Regular Meeting b. Minutes -Approve Minutes of 10/01/07 Special Meeting As there was some lack of clarity on actual amendments to the meeting minutes to-date; there was no action. General Ordinances a. Ordinance -Consider Adopting an Ordinance Amending Roseville City Code, Sections 501.06 and 301.06 regarding Lifetime Animal Licenses Mayor Klausing introduced a proposed ordinance for addressing lifetime licens- ing for animals in the City of Roseville, rather than the current two-year licensing cycle. Councilmember Kough introduced presenters to explain more on the proposed or- dinance: Carol Kough who had been involved in animal licensing and recovery for a number of years; Dr. Laurie Ballinger, a Roseville resident, with a veterinary clinic in Maplewood, MN; and Jill Fritz, resident of Minneapolis, MN and State Director for Humane Society of the U.S. City of Roseville Police Department Captain Rick Mathwig briefly presented staff's proposed changes and recommended ordinance, incorporating additional language as previously discussed with the City Council, and involving improved language for electronic devices; identifying city costs associated with animal li- censes as detailed by the Finance Deparhnent, and several options for price dif- ferentialsbetween sterilized and non-sterilized animals. Councilmember Roe questioned staff's rationale for doubling fees for lifetime li- censure for non-sterilized pets, and nothing For anon-sterilized annual license. Captain Mathwig advised that staff anticipated that 2008 license fees would be addressed, along with other city-wide fees, as part of the budgeting process and included for Council action in November. Councilmember Kough noted that there was some disagreement from presenters with some of staff's recommendations. Regular City Council Meeting Monday, October 08, 2007 Page 6 Captain Mathwig noted that the staff report included associated costs of staff li- censing, paperwork, and Community Service Officers (CSO's) for transporting animals to the Brighton Vet Clinic; however, that it did not include the additional annual cost of $8,000 for services, which was funded from the General Levy for Police Department expenses, but any revenues received were not directly reim- bursed to the Police Department, but remained in the General Fund. Councilmember Pust sought clarification on the annual $8,000 fee; and what was charged to the animal licensee, and what was absorbed by the City. Captain Mathwig noted that the anmual fee was for the City's 24-hour access to the facility, and for food, water and lock-up for animals until the next business day; including their care of the animals, and euthenization if necessary. Ms. Carol Kougb Ms. Kough advised that the facility charged $14/day for pet owners; and the Po- lice Department received $10/day, which was paid by the owner, with an average of 3-5 dogs/month sheltered, and sometimes more during certain seasons. Councilmember Pust sought further clarification on the $8,000 fee. Ms. Kough advised that there were few records available from the City's Police Department; and encouraged that further review should be done, as there maybe a lack of compliance with state law regarding registration and notice requirements so owners can locate their stray animals more readily. Ms. Kough advised that the facility must be open 4 hours/day during the week, and 4 hours during the weekend for owners to pick up their animals. Mayor Klausing noted that the proposed ordinance provided for lifetime licens- ing, as well as a price difference for micro-chipped and non-micro-chipped pets. Ms. Kough provided rationale for differential licensing and current procedures of the City related to notice to pet owners every two years for rabies vaccination up- dates; her strong support for micro-chipping and free lifetime licensing to encour- age spayed/neutered pets to address public safety and health issues, and reduce overall expenses for pet owners, and to lower administration costs for the City. Dr. Laurie Ballinger stressed the importance of rabies vaccines; spaying/neutering for healthier pets and fewer abandoned animals, as well as less aggressive animal behavior, and overall better lifetime health of pets. Dr. Ballinger addressed uni- versal database and micro-chip readers and pet scanners available for donation to the City. Dr. Ballinger noted that, at her clinic, up-to-date records are kept for their clients, but that some clinics required pet owners to monitor vaccination Regular City Council Meeting Monday, October 08, 2007 Page 7 schedules. Dr. Ballinger again stressed the importance for immediate notice of vaccination records when a stray pet bit someone. Jill Fritz, State Director for Humane Society of U.S. Ms. Fritz urged the City Council to enact differential animal. licensing to recog- nize those who have taken responsibility to care for their animals by having them altered and identified; and encouraged additional public education enforcement. Ms. Fritz supported use of a tiered structure of licensing fees based on the respon- sible steps taken by pet owners; and provided some demographics and statistics of various counties within the State and nation and their practices, and fees of from $4 - 7 and $10 - 15, with trends in making the differential gap wider to encourage responsible pet ownership. Ms. Fritz commended the City for their consideration of this issue and to consider the current proposal for differential licensing; and of- fered to provide the City with any additional research and/or information re- quested. Dr. Ballinger expressed her willingness to donate a microchip scanner to the City of Roseville; and Ms. Fritz advised that many companies distributing universal scanners were eager to donate equipment to further promote responsible pet own- ership. Councilmember Ihlan spoke in support of Ms. Kough's license structure recom- mendations for lifetime rates to encourage incentives for micro-chipping, vaccina- tions and spaying/neutering. Additional discussion included consensus for a differential fee schedule for ster- ilization; staff's fee recommendations and price differentials versus those en- dorsed by Ms. Kough; incentives for pet owners to register their pets; Minneapo- lis and St. Paul lifetime rates of $30.00; and a potential policy discussion on charging less and asking the entire community to subsidize those costs, and how to balance costs and encourage incentives for licensing, micro-chipping and spay- ing/neutering. Councilmember Pust opined that the City Council was in agreement with Ms. Kough; but with all due respect, the City Council hadn't done their homework on statutory language, and several other outstanding issues, and encouraged volun- teering to work on language for Consent Agenda action at a meeting in the near future. After further discussion, Mayor Klausing appointed Councilmembers Kough and Pust to work with Ms. Kough and the Police Department to tweak the proposed ordinance, and provide a differential for lifetime and non-lifetime, spayed/neutered and non-spayed/neutered, and micro-chipped pets, raising the lower and reducing the upper fee range to encourage those components. Regular City Council Meeting Monday, October 08, 2007 Page 8 Ms. Kough questioned. the current practice and costs, and those proposed. Councilmember Pust advised that the licensing program had always cost that amount; however, the City hadn't billed it appropriately in the past, nor had it recognized all costs; and was now attempting to look at the program comprehen- sively and adjust the budget accordingly. Kough moved, Pust seconded, tabling any enactment of an ordinance adding lan- guage to Sections 501.06, License Required; and Section 301.06, License and Fees; along with striking language in Section 501.06, License Required of Rose- ville City Code, for two (2) weeks, to the October 22, 2007 meeting. Roll Call Ayes: Ihlan; Roe; Kough; Pust; and Klausing. Nays: None. 8. Consider Consent Agenda There were no changes to the Consent Agenda, other than those previously noted. At the request of Mayor Klausing, Finance Director Chris Miller briefly reviewed those items being considered under the Consent Agenda. a. Check Register -Approve Check Register Councilmember Ihlan questioned an item on page 9 related to Twin Litigation risk management; and asked which litigation that referenced, and the amount repre- sented, whether it was for a deductible or for fees. Mr. Miller advised that he would research that and provide a response to Coun- cilmembers at that time. Pust moved, Ihlan seconded, approval of the following claims and payments as presented. ACH Payments $394,771.49 49002 - 49099 257,895.49 Total $652,666.98 Roll Call Ayes: Ihlan; Roe; Kough; Pust; and Klausing. Nays: None. b. Business Licenses -Approve Business Licenses Councilmember Kough noted his observance of several massage therapists at Rosedale Center in the common areas, and questioned if they were licensed. Regular City Council Meeting Monday, October 08, 2007 Page 9 Mr. Miller responded that they were indeed licensed. Pust moved, Ihlan seconded, approval of business license applications for the pe- riod of one (1) year, for the following applicants: A licant/Location T e of License Vanessa Monique Stokes @ Rocco Altobelli Massage Therapist 1655 County Road B-2 Twin City Truck Wash (Cleanco) Gasoline Station 2211 W County Road C-2 Roll Call Ayes: Ihlan; Roe; Kough; Pust; and Klausing. Nays: None. c. Resolutions -Adopt Resolutions Approving the Premises (Lawful Gambling) Permits for Roseville Area Youth Hockey and Midway Speedskating Club Pust moved, Ihlan seconded, adoption of Resolution No. 10559 entitled, "Resolu- tion Approving a Lawful Gambling Premise Permit to the Roseville Area Youth Hockey Association;" renewing their gambling Premises Permit to conduct chari- table gambling activities at the Roseville Bingo Hall, located at 2525 N Snelling Avenue, for a period of two (2) years, ending December 31, 2009. Roll Call Ayes: Ihlan; Roe; Kough; Pust; and Klausing. Nays: None. Pust moved, Ihlan seconded, adoption of Resolution No. 10560 entitled, "Resolu- tion Approving a Lawful Gambling Premise Permit to the Midway Speed Skating Club;" renewing their gambling Premises Permit to conduct charitable gambling activities at the Roseville Bingo Hall, located at 2525 N Snelling Avenue, for a period of two (2) years, ending December 31, 2009. Roll Call Ayes: Ihlan; Roe; Kough; Pust; and Klausing. Nays: None. d. Resolution - Adopt a Resolution Authorizing the City Manager to Apply for a 2008 SCORE Funding Grant for Recycling Program Pust moved, Ihlan seconded, adoption of Resolution No. 10561 entitled, "Resolu- tion Requesting 2008 SCORE Funding Grant for Use in Roseville's Residential Recycling Program;" authorizing the City Manager to submit a grant application to Ramsey County fora 2008 SCORE Grant in the amount of $69,686.00. Roll Call Regular City Council Meeting Monday, October 08, 2007 Page 10 Ayes: Ihlan; Roe; Kough; Pust; and Klausing. Nays: None. e. Burn Permit - Approve a Burn Permit for the B-Dale Club Halloween Bon- fire This item was removed at the request of staff. £ Joint Powers Agreement -Authorize the City to enter into a Joint Powers Agreement with North St. Paul for Geographic Information Systems (GIS) Services Pust moved, Ihlan seconded, approval of a Joint Powers Agreement (JPA) be- tween the Cities of Roseville and North St. Paul for temporary utilization of a City of Roseville employee for the purpose of providing geographic information systems (GIS) services to the City of North St. Paul; and authorized the Mayor and City Manager to executive the document. Roll Call Ayes: Ihlan; Roe; Kough; Pust; and Klausing. Nays: None. g. Award Bid -Award Bid for Self-contained Breathing Apparatus This item was removed at the request of staff. b. Quit Claim Deed -Approve Snelling/County Road B Project Quit Claim Deed for Pathway Easement Pust moved, Ihlan seconded, approval of a Snelling/County Road B Project Quit Claim Deed for pathway easement; conveying a portion of the City's ten foot (10') wide pathway easement in the SW Quadrant of the intersection of Snelling Avenue and County Road B to the Minnesota Department of Transportation (MnDOT) to facilitate the 2008 MnDOT Construction project and provide suffi- cient and unencumbered rights-of--way; and authorized the Mayor and City Man- ager to execute the Quit Claim Deed. Roll Call Ayes: Ihlan; Roe; Kough; Pust; and Klausing. Nays: None. 9. Consider Items Removed from Consent None. 10. Public Hearings a. Public Hearing and Resolution - Conduct a Public Hearing and Adopt a Resolution Approving the 2007 Assessments (continuation of the September 24, 2007 Public Hearing) Regular City Council Meeting Monday, October 08, 2007 Page 11 Mayor Klausing reconvened the Public Hearing, continued from September 24, 2007, at 7:13 p.m., advising that the purpose of the hearing was to consider spe- cial assessment rolls for various public improvement projects. City Engineer Debra Bloom provided an update on each. project, and staff- recommended modifications, if any, as detailed in the staff report dated October 8, 2007. Ms. Bloom reviewed the City's assessment schedule for prepayment op- portunities between October 9 and November 7; with certification of assessments to Ramsey County by the City no later than November 15, 2007; and also re- viewed payment options, interest charged, and availability of applications from the Finance Department, for senior citizen deferment based on specific criteria. P-02-16, County Road C Reconstruction Project- Phase I Staff recommended an adjustment to the previous oral objection. from Tim Krinke of the Roseville Animal Hospital; and discussion was held regarding staff's ra- tionale for adjusting the assessment. There were no other adjustments recommended, and no one appeared to speak for or against. P-OS-02, Chatsworth and Lovell (Neighborhood 32) Staff recommended an adjustment to the previous written and oral objection from Pastor Pete Drake of Real Life Church; and discussion held regarding staff's ra- tionale for adjusting the assessment, specifically deferring the Lovell Avenue side until such time as the Church constructs an entrance to that street. Public Comment Pastor Pete Drake, Real Life Church, owner of a residential home at 2315 Lovell Avenue Pastor Drake sought Council reconsideration of this assessment as well, question- ing how actual increased benefit or value of a property was determined from as- sessments. Ms. Bloom reviewed the process for appealing the City Council decision to Dis- trict Court within ten (10) days, with the City Council notified by the property owner via a letter to the City Manager; and if the appeal was granted, an ap- praisalperformed on the property to determined benefits of any assessments. Pastor Drake reiterated the church's perspective from previous written comment related to Grandview Avenue reconstruction in 1989; and asked that the City Council consider the overall impact to the church and undue burden on their fi- nances for paying on frontage in 1989, as well as again on the Chatsworth portion at this time. Regular City Council Meeting Monday, October 08, 2007 Page 12 Ms. Bloom had detailed their research and assessment history for this property in the staff report. Discussion ensued regarding the assessment history, previous and current assess- ment policies; and staff's application of current policy on a consistent basis. Councilmember Ihlan noted that the City Council had no evidence before them at this time, unless ordered during a court proceeding, that the property value was reduced, or allowing for resolution in some other way. Ms. Bloom noted, in concurrence with City Attonley Anderson, that an appraisal would not be possible before the certification deadline, and could delay certifica- tion for another year, without Council action at tonight's meeting, in accordance with the assessment schedule. Further discussion included a review of the Church's site plan, parking areas, and main entrances. Mayor Klausing suggested that the City Council follow staff. P-OS-06, S Owasso Boulevard Reconstruction Project Staff recommended an adjustment to the previous written objection from Kris Kuck, 312 S Owasso Blvd., and elimination of the proposed assessment following review after oral and written objection of Harstad Homes, for the storm pond at 3051 S Owasso Blvd.; and discussion was held regarding staff's rationale for ad- justing the assessment. Staff reviewed the oral and written objective of Stephanie and Robert Kelsey, 455 S Owasso Blvd.; and their rationale for not recommending an adjustment of the assessment, providing a detailed review of the construction process, the City's of- fered reimbursement and previously resolved, in accordance with State Statute 429 for assessments and treating similar properties equally. Ms. Bloom noted a written objection received from Kathleen & David Rothen- berger, 445 Turnstone Court, and included in tonight's packet as part of the re- cord; and rationale for not recommending an adjustment to the assessment. There were no other adjustments recommended. Public Comment Anna Hensel, 472 Owasso Boulevard Ms. Hensel expressed concern about the process and notice of the assessment; with Ms. Bloom reviewing written notice throughout the process, a copy of which notice Ms. Hensel had with her at the meeting. Regular City Council Meeting Monday, October 08, 2007 Page 13 Ms. Bloom reviewed Ms. Hensel's lot and proposed assessment, based on the City's assessment policy, consistent with other properties along County Road C having access to and benefiting from reconstruction of the road. Ms. Bloom offered to discuss the assessment with Ms. Hensel outside the meeting to further explain the process; however, staff recommended no adjushnent to the proposed assessment. Mayor Klausing advised that Ms. HensePs objections were duly noted by the City Council. P-06-02, Roselawn Avenue Reconstruction Project Staff recommended no adjustment to the previous written objection from Tom Steiner, 1401 Roselawn Avenue; and discussion was held regarding staff's ration- ale with notice requirements in accordance to Minnesota Statute, Chapter 429 for notice of the property owner of record; and advice of the City Attorney that the City had provided proper notice, and pending assessments on the property and sale in August of 2005, and pending assessments noticed in January of 2006, were between the prior and current property owners. There were no other adjushnents recommended, and no one appeared to speak for or against. P-06-12, County Road C Reconstruction Project -Phase II Staff recommended no adjustment to the previous written objection from Kalen Graham, JLT Group, Inc, for property adjacent to County Road C to MSP/Roseville in April of 2007; and similar notice requirements as discussed for the previous project; and pending assessments between the prior and current property owners. There were no other adjustments recommended, and no one appeared to speak for or against. Mayor Klausing closed the Public Hearing at 7:53 p.m., with no one appearing for or against. Pust moved, Roe seconded, adoption of Resolution No. 10562 entitled, "Resolu- tion Adopting and Confirming as Amended, 2007 Assessments for Improvements P-02-16 (County Road C Reconstruction Project -Phase I); P-OS-02 (Chatsworth and Lovell (Neighborhood 32); P-OS-06 (S Owasso Boulevard Reconstruction Project); P-06-02 (Roselawn Avenue Reconstruction Project); and P-06-12 (County Road C Reconstruction Project -Phase II)." Roll Call Ayes: Ihlan; Roe; Kough; Pust; and Klausing. Regular City Council Meeting Monday, October 08, 2007 Page 14 Nays: None. 11. Other Business ltems a. Presentation - Hear a Presentation and Receive an Alternative Energy Sources (Geothermal) Feasibility Study for Roseville Skating Center Parks and Recreation Director Lonnie Brokke introduced and reviewed for public information the process to-date in developing plans and specifications for the re- placement of major components of the conventional refrigeration system at the Roseville Ice Arena; and delays until 2008 to further study the feasibility of geo- thermal technology. Mr. Brokke introduced a representative from. Geo-Xergy, in Canada, Mr. Ed Lolu-enz, Energy Systems Designer. Geo-Xergy, in Canada, Mr. Ed Lohrenz, Energy Systems Designer Mr. Lohrenz provided an extensive visual presentation of the complex opportu- nity before the City Council as they considered a possible retrofit of the entire City Hall Campus and Roseville Skating Center facilities to a geothermal heat ex- change system. Mr. Lohrenz, during his presentation addressed overall econom- ics of the entire system, as well as various components, status and age of the ex- isting equipment on the ice arena/banquet hall, their life expectancy, and possible installation in phases as opportunities present themselves and as equipment needs replacement; and impacts and benefits to provide an integration system. Mr. Lohrenz reviewed several options for the City Council's consideration; rec- ommendations for replacement of existing systems as they failed or needed re- placement to achieve their full useful life, rather than replacing newer equipment and systems; Long term benefits; and energy cost comparisons. Mr. Lohrenz concluded his presentation by reviewing the next steps: a decision to go ahead with an integrated geothermal system should be made soon to allow for long-term campus plan; and, if the decision was "yes," select a design team; au- thorize performing a thernral conductivity test; and identifying location(s) for ground heat exchanger(s) (GHX). Mr. Lohrenz advised that design work would need to commence within the next few months, by January 2008 at the latest to al- low for studies to ensure that it is feasible. Mr. Lohrenz opined that, from what he'd observed to-date, it was feasible, but without test borings being completed, decisions on going further should be held off. Mr. Lohrenz expressed his willing ness to work with staff to nail down where a GHX could be built. Councilmember Roe thanked Mr. Lohrenz for his informative presentation; and sought clarification on whether the GHX was part of Option 1 in the feasibility report, or not included as part of replacement of the skating center rooftop units. Regular City Council Meeting Monday, October 08, 2007 Page 15 Mr. Lohrenz advised that the first step should be broken into several components: refrigeration plant, cooling tower on the plant that needs to be replaced anyway, and future integration of the rooftop unit replacements with the cooling tower in- stallation. Discussion included cost comparisons and paybacks for a conventional approach versus an integrated approach, with Councilmembers concurring that there was minimal difference in costs with all things considered. Further discussion included benefits of a multiple-stage integrated installation process; advantages of a thermal storage buffer for the ice surface now to improve and maintain. ice quality; other conversion projects completed by the firm; excess energy to be recovered and recycled into other City Hall campus facilities; sus- tainability benefits in the long term by following a phased approach; use of do- mestic hot water needs without a huge cost; and location of GHX in several dif- ferent areas on the campus depending on the most convenient and cost-effective locations. Additional discussion included conversion calculations and reduced carbon emis- sions based on current energy options used in the State of MN, anticipated to change dramatically as more dependence on natural energy sources rather than fossil fuel sources are incorporated; and involvement of Public Works Director Duane Schwartz's expertise in the process to-date. Mr. Brokke advised Councilmembers that it was staffls plan to prepare for the City Council's next meeting a list of advantages and/or disadvantages of each and all costs that can be identified by staff to allow the City Council to make an in- formed decision on this complex issue; and to determine immediate or short term versus long-term financial gains to be realized. Mr. Brokke noted that this could also lead to further Council policy discussions based on green technology per- spectives. Councilmember Pust observed that, from a business perspective, the City of Roseville would be around and could recapture long-term benefits, making the options presented more attractive. Councilmember Pust noted that local govern- ments were being mandated to meet renewable energy thresholds by 2014, and the Council should determine their options and link that mandate into future deci- sions. City Attorney Anderson's advice was sought on those mandates; however, he ad- vised that he would provide the requested information at the next meeting, follow- inghis research of the mandates as addressed by Councilmember Pust. Regular City Council Meeting Monday, October 08, 2007 Page 16 Mr. Lohrenz noted that it would be more costly to maintain an integrated system versus a new plant; however, opined that the existing refrigeration plant appeared to be well-maintained to-date. Councilmember Pust observed that more staff was needed for the current system maintenance than would be required in the future; with Mr. Lohrenz concurring, noting that the compressors currently need to be rebuilt after so many hours of operation. Councilmember Roe asked that, when staff returned with their list of advantages and disadvantages, they make sure to take into accomrt preliminary Option 1 for a non-full geothernial system, and take into account the number analysis and pay- back, detailing with as much accuracy as possible, actual maintenance numbers. Councilmember Roe advised that he would be willing to delay action by another week if that would allow a more detailed analysis by staff, and provide for a better report with more complete information; with how phasing would benefit the City; and accurate costs of maintenance included as part of the equation. Additional discussion included how an integrated system like this could be inte- grated into the whole package to bring enhanced efficiencies; need for soil bor- ings as soon as possible before the weather changes; need for more heat exchang- ers to facilitate acampus-wide system; availability on campus as currently de- signed for installation of a GHX; and various ways to bury pipe in the ground or in pond on the other side of the OVAL; type of refrigerants; and incorporation of future facilities on or surrounding the campus that can be incorporated into the system. Mayor Klausing thanked Mr. Lohrenz for his presentation, information and assis- tance during the discussion. Mr. Lohrenz advised that the next step, at Council direction, would be to perform a Thermal Conductivity Test, where a hole up to 200' or more, as recommended by the driller, would be drilled, with a small single borehole for a heat exchanger injected into the ground to see how well it would dissipate and determine the heat; estimated the cost to be between $10 - 14,000. Recess Mayor Klausing recessed the meeting at 8:35 p.m. and reconvened at 8:43 p.m. b. Planned Unit Development (PUD) Agreement -Consider Approving the Amended PUD Agreement for Northwestern College, 3003 Snelling Avenue Finance Director Miller provided several bench handouts related to this item. Regular City Council Meeting Monday, October 08, 2007 Page 17 Mayor Klausing introduced this item and asked staff to provide an update since the September 24, 2007 meeting and resolution of outstanding issues. Interim Community Development Director Mike Darrow advised that those out- standing items for staff had included: 1) Public Notice of the Meeting, with staff providing post card notice to 430 property owners approximately ten (10) days in advance of tonight's meeting; 2) LEED Certification language of the proposed PUD Agreement, Section 10.e; 3) An alleged map discrepancy between the Environmental Assessment Work- sheet and Planned Unit Development Agreement; and 4) Language in Condition 10.9.d of the proposed PUD Agreement concerning fu- ture transportation improvements at the intersection of Lydia and Fairview Avenues. (2) Mr. Darrow noted that the City and College were in agreement with LEED standard to be reviewed by both parties; however, apologized that this language did not get inserted in the DRAFT proposed PUD Agreement presented in the Council packet for tonight's meeting. Mr. Darrow assured, and college represen- tatives indicated their concurrence, that this language revision to insert "[and the CITYJ" were agreeable. (3) Related to the alleged map discrepancy between attachments or exhibits at- tached to the Environmental Assessment Worksheet (EAW) and the PUD Agree- ment, Mr. Darrow referenced a letter from Jay Lindgren, attorney for Northwest- ern College, addressing this issue. Mr. Darrow further noted that the exhibits to the PUD do not constitute project specific approval by the City, but that each pro- ject would be required to formally apply for a permit consistent with the City Code. Mr. Darrow further advised that staff had reviewed previous meeting min- utes, Council packet, and EAW submittals, and had determined that the map showing the correct location (of the field house) was a part of the record and cir- culated to the required agencies and interested parties, and included on a CD. Councilmember Ihla~i referenced her copy of what went out on May 11, 2007 to the Environmental Quality Board (EQB) distribution list as having been received from TKDA, not the City; and asked staff to explain the relationship of TKDA to the project. Mr. Darrow advised that TKDA was the engineering consulting firm hired by the college; and that it was standard industry practice in preparation for an EAW for an agent of the applicant to compile and distribute the necessary documents. Councilmember lhlan questioned the clarity of the information provided to the public, as well as the reviewing agencies; and further questioned if the City had made any inquiries to determine the actual maps provided to the reviewing agen- cies. Regular City Council Meeting Monday, October 08, 2007 Page 18 Mr. Darrow advised that staff had contacted several of the reviewing agencies, as part of their due diligence over the past two (2) weeks; and had confirmed that those agencies had received the appropriate maps showing the correct location of the field house, and that they were part of the record and had been distributed to the reviewing agencies. (4) Related to transportation issues at Lydia and Fairview Avenues, Mr. Darrow advised that the language contained in part I O.d of the PUD Agreement presented on September 24, 2007 to the City Council related to the traffic study update process had not changed. Councilmember Pust clarified that Mr. Darrow was stating for the record tonight, and for her and the public's benefit, that the issue raised at the September 24, 2007 meeting as to whether the correct map was attached to the EAW and pre- sented to the reviewing agencies for the EAW was indeed the correct map, and that it had been reviewed by those agencies as discussed. Mr. Darrow responded affirmatively Councilmember Ihlan sought documentation of Mr. barrow's conversations with the reviewing agencies as referenced. Mr. Darrow advised that he would need to get back to Councilmember Ihlan with that information; that he didn't have it available with him at tonight's meeting, with the exception of his comments related to previous meeting minutes. Councilmember Kough questioned why the PUD Agreement had no completion date stipulated. Mr. Darrow clarified that any potential location or condition as it related to the PUD Agreement would still need to meet City ordinance, including shoreland or- dinances, and the PUD Agreement did not identify an exact location for specific structures. Mr. Darrow noted that, when an application was brought forward, the applicant would need to meet setback requirements as per City Code, as well as other reviewing agency (i.e., Watershed District) regulations. Councilmember Kough expressed his leeriness in approving the plans, in light of traffic to be generated; and the college needing to accept responsibility for addi- tional traffic. Councilmember Kough opined that, while he supported the project moving forward, it was hard for him to approve it without including specific dates and timelines. Mayor Klausing clarified that Section 10.d of the PUD Agreement specifically identified traffic issues; with mitigation strategies detailed in the EAW. Regular City Council Meeting Monday, October 08, 2007 Page 19 Mr. Darrow sought comment from Public Works Director Duane Schwartz spe- cific to provisions of Section 10.d of the PUD Agreement and traffic concerns and mitigations for Lydia Avenue. Public Works Director Duane Schwartz Mr. Schwartz reviewed projected traffic impacts identified during the EAW proc- ess as potential environmental issues and mitigation strategies highlighted from the PUD Agreement. Mr. Schwartz discussed immediate and future triggers for additional turn lanes, possible signaling of the Lydia/Fairview intersection and possible cost allocations at the time of those triggers being activated and depend- ing on area development and/or redevelopment by the college or other develop- ment areas, such as Twin Lakes Mr. Schwartz advised that the PUD Agreement language attempted to address several potential scenarios. Discussion included geometric movements associated with signal installations; and any potential policy discussions by the City Council on neighborhood im- pacts. Mayor Klausing asked that those wishing to make public comment would limit their comments to three (3) minutes to allow time for additional speakers; and asked that they avoid duplicating comments or repeating previous comments if they'd spoken before. Mayor Klausing reminded speakers that the purpose of public comment at this time was to solicit information regarding the City Coun- cil's determination as to the land use application before them and whether it met existing standards. Mayor Klausing noted that the Council, as well as the Plan- ning Commission, had ]ward substantive comments to-date on the project; and those comments had been duly noted by individual Councilmembers and made a part of the record. Mayor Klausing recognized several e-mails on this issue that had been distributed to the City Council as bench handouts, and that would be made a part of the re- cord. Public Comment Dan Cooke, 3070 Shorewood Lane Mr. Cooke opined that previous comments that he'd delivered from Mr. Tim Cal- laghan, also a resident in the neighborhood, had not been accurately represented in the record. Mr. Cooke referenced comments by former Community Development Director John Stark at the Planning Commission Public Hearing regarding the "proposed plans from the college being ambiguous and incomplete and not meeting City Code, and asked for a legal opinion from the City Attorney as to whether this put Regular City Council Meeting Monday, October OS, 2007 Page 20 the City at unnecessary risk and added to financial liability. Mr. Cooke asked that the City Council not approve the proposed PUD. Mr. Cooke further opined that at the Planning Commission meeting, the college had stated their desire to maintain good relations with their neighbors, and as stipulated by the Planning Commission, a condition of approval was for the col- lege to develop administrative controls to reduce noise at the athletic fields, through engineering controls for the PA system.; and asked that noise mitigation be included in the PUD Agreement. Mr. Cooke fiirther opined that at the Plamiing Commission level, traffic flow con- siderations were conditioned for the college to take administrative and other engi- neering actions to control traffic flow during peak period to avoid opening auxil- iary access, by changing class schedule times and/or employee schedules. Mr. Cooke opined that he had seen no action taken by the college to-date to mitigate the deterioration of the neighborhood due to increased traffic. Nancy Jacobson, Asbury Ms. Jacobson displayed several maps and graphic overlays, expressing concern that Northwestern College is an acceptable and compatible land use within an R-1 District; potential increases in impervious surface in a lake shore area with lakes already needing improvement; and opined that the primary development proposal is recreational amenities, not classroom needs. Ms. Jacobson expressed further concern regarding proposed lane additions at the intersection of Snelling and Lydia, including loss of trees, replacement of signal lights recently installed, and costs associated with replacement. Cindy Cooke, 3070 Shorewood Lane Ms. Cooke addressed her concerns regarding her existing quality of life and pro- vided pictures of current scenery from her home, and potential impacts from fu- ture expansion of the college, in addition reducing their property value, and nega- tively impacting the diverse wildlife and beauty of the shelters Lake Johanna and Little Johanna lakes. Valerie Churchward-Smith, 3093 N Asbury Ms. Churchward-Smith expressed concern with increased student population; in- creased traffic impacts to current neighborhood quality of life; the proposed park- ing ramp behind her home and her parent's home and concerns about lighting from vehicle headlights on the upper deck without a wall buffer between the ramp and residential neighborhood. Ms. Churchward-Smith emotionally reminded the City Council that once the density of the natural buffers was removed, it would not return; and would essentially put her neighborhood into a casket. Jerry Bilbee, 3010 Fairview Regular City Council Meeting Monday, October 08, 2007 Page 21 Mr. Billbee spoke in support of the college construction activities to-date, and their past evidence for the environmental health and viability of the campus and adjoining lakes; in addition to the college's openness in sharing the campus with the community. Rick Cox, 2045 Lauren Road and business at 3151 Fairview Mr. Cox spoke in support of the college, opining how fortunate the community was to have a college such as Northwestern as a resident of Roseville. Mr. Cox noted the park-like quality of the campus; ranking of the college; friendliness of the students and their respect for the neighbors. Mr. Cox acknowledged that the students contributed to the traffic; however, opined that times change and will continue to do so, and asked that the City Council continue to support good busi- nesses and institutions in the community; reminding all that the college had been responsive to citizen concerns to-date, and needed to remain competitive, and ex- pressed his preference for this use of the property, rather than other potential uses for the acreage. Mr. Cox asked that the Council approve the project, and opined that the college was complementary to the community. Jamin Cousins, Current Student Body President at Northwestern Mr. Cousins expressed his privilege to be part of the Roseville community; noted the scoring of Northwestern College students in the business community, due to the quality professors and programs; and further noted that as part of the college`s graduation credits, required a minimum of forty (40) hours of community service by its students. Mr. Cousins advised that students tried to serve the community, and asked that the City Council make a decision to further that sense of commu- nity. Mr. Cousins spoke of his other roommates, and their desire to be involved in the neighborhood, and their positive relationship to-date. George Palke, 1775 Shorewood Curve Mr. Palke opined that, over the years as he had watched the Northwestern College campus and institution expand, all of their development has seemed to enhance, rather than detract from the beauty of the area; in addition to providing additional revenue for area businesses through their various events and activities. Mr. Palke further opined that it was important for the City Council to approve this project and continued growth of the college and revenue for the City. Marie Chuchward, 3093 Asbury Ms. Churchward agreed that the college had provided nice approaches to their property and was pleased with existing architectural elements; however, stated that she was not pleased with the location of the proposed parking ramp directly behind her house, especially the top level. Ms. Churchward expressed her hope that the City Council had been paying attention to the neighbors; and while the college and their students meant well and seemed to be willing to work with neighbors, asked that the City Council and college use good judgment for neces- sary growth, and look to the long-term benefits and respect for all parties. Regular City Council Meeting Monday, October OS, 2007 Page 22 Ron Bartz, 1499 Clarmar Mr. Bartz responded to Mr. Cousins' comments regarding the number of room- mates at his residence; noting that the City needed to enforce its current code, with only four (4) unrelated people living in one single-family home. Mr. Bartz asked that the City see the problem evidenced, and neighborhood concerns with student housing off-campus and vehicles and parking not being enforced. Ed Dickinson, 3188 Asbury Mr. Dickinson noted that egress from the proposed parking ramp was situated to direct headlights toward the residential neighborhood; and asked that serious con- sideration be given to egress to the west, recognizing there may be a concern for foot traffic on Ure west side. Mr. Dickinson opined that, since Northwestern Col- lege was supposed to be a Christian college, and to "love thy neighbor" was a vir- tue, he hoped that such considerations could be a part of the process. Mayor Klausing closed public comment at 9:35 p.m.; thanking those speaking for their comments, and respect of each other, noting that all present were neighbors within the same conununity. Mayor Klausing asked that applicant's attorney and staff to return to address those concerns raised during public comment. Jay Lindgren, Applicant Attorney with Dorsey, Whitney Law Firm At the request of Mayor Klausing, Mr. Lindgren addressed those issues noted by Mayor Klausing related to various issues. Mr. Lindgren first addressed the need for buffering headlights on the upper deck of the parking structure and conceptual nature of the current designs, and the col- lege's openness to a possible wall or other solution to lessen headlight impacts. Mr. Lindgren opined that it was a good public comment, and assured that the col- lege would be responsive to that concern, and work with staff to resolve that is- sue. Mayor Klausing sought City Attorney Anderson's comment on the allegation that the contract was ambiguous or incomplete. City Attorney Anderson opined that the contract was enforceable; that the PUD Agreement had been reviewed and commented on extensively by he and City At- torney Jay Squires over quite a long period of time; and that it covered all areas needed to be covered in terms of mitigation strategies detailed throughout the process; and provided language for division of responsibilities; and met provi- sions for all necessary materials from a legal standpoint, and as desired by and in the best interests of the City of Roseville. Regular City Council Meeting Monday, October 08, 2007 Page 23 Councilmember Roe questioned Mr. Callaghan's written allegations that the in- formation provided was inadequate or inappropriate to City Code related to the PUD Section (Chapter 1008). City Attorney Anderson responded that the proposal was a concept that over time, this is what the college envisioned doing, but that it wasn't required; and the City Code PUD provisions allowed for flexibility of proposals, with every step of the way at every proposed development set forth, under the review and scrutiny, and reviewed separately by the appropriate unit of City staff, and other regulatory agencies (i.e., Watershed District; County; State); and further emphasized that the PUD Agreement, Section 4.1 (page 2, lines 13 - 32) stipulated that plans are in- consistent with the written terms of this Agreement, the written terms of the Agreement shall control, and any plans addressing items not specifically ad- dressed in the Agreement, shall be governed by the plans with respect to those items. Councilmember Ihlan read Mr. Callaghan's written comments regarding the set- back requirements for shoreland and proposed location of the field hottse. Mayor Klausing noted that this point had been raised several weeks ago; and it was noted at that time that the concept plans did not show an exact location, but a general location. City Attorney Anderson reiterated that Section 4.1 of the PUD Agreement indi- cated that the written terms will govern. Mr. Lindgren, on behalf of the college, concurred with Mr. Anderson's com- ments; and advised that the college understood the terms and final building design setback requirements. Councilmember Ihlan continued to express concerns regarding contradictory maps and agreement language related to proposed locations of future buildings and setback requirements. Mr. Darrow noted that this was a common issues related to concept mapping prior to the preliminary plan and site plan development; and assured Councilmembers, and the public, that staff would review all plans and proposals according to the text of this agreement; and that all buildings would meet setback requirements; and be subjected to the regular process of site plan review and provisions of City Codes and standards for all detailed plans as they're presented. Klausing moved, Pust seconded, suspending Rules of Procedure for the self-imposed meeting deadline of 10:00 p.m.; and extended the meeting until 11:00 p.m. to complete discussion of this item; and to consider Item 12 entitled, "Councilmember-initiated Items for Future Council Meet- ings." Regular City Council Meeting Monday, October 08, 2007 Page 24 Councilmember Ililan spoke against the motion, opining that given the time and importance of this decision, lateness of the hour, and amount of deliberation re- maining, there would not be sufficient time to allow that deliberation tonight; and she was prepared to make a motion to continue the item to the next meeting to complete those deliberations. Roll Call Ayes: Roe; Kough; Pust; and Klausing. Nays: Ihlan Motion carried. Councilmember Ihlan's read Mr. Callaghan's concerns related to the location of the baseball field and potential vehicular and/or pedestrian safety issues. Mayor Klausing so noted Councilmember Ihlan's comments. Mayor Klausing addressed the issue of the other entrance onto Lydia raised dur- ing public comments; with Public Works Director Schwartz discussing rationale and potential compatibility issues in the residential neighborhood and congestion reduction mitigations. Ms. Bloom addressed public emrcerns raised about additional runoff from the site; with Ms. Bloom reviewing the Storni Water Management provisions and condi- tions for each stage of future development (Section 10.8) of the Pi1D Agreement. Ms. Bloom also addressed traffic and parking mitigations outlined in Section 10.9 of the PUD Agreement, and specifically noted subsection e. on page 9, line 13 re- garding right-of way improvements. Further discussion was held regarding traffic exiting the ramp, and potential head- light impacts to the adjoining residential area; approval stipulations of the City of Arden Hills and their required design considerations related to the ring road not existing into Arden Hills; and pedestrian safety concerns, prompting the college to consider a potential humel for student access in the proximity of the proposed ramp. Additional discussion related to the PA system noise at the stadium; with Mr. Lindgren addressing mitigation done to-date by the college to reduce that noise working within state and city requirements. Mr. Cooke returned to speak of sporting events held at the stadium almost every weekend; and the need for the college to address the needs of the community, the neighbors, and provide provisions to address negative impacts and noise pollution from PA system. Regular City Council Meeting Monday, October 08, 2007 Page 25 Mr. Cooke further noted that the college had yet to answer the question on use of an auxiliary access for traffic control. Mr. Lindgren responded that Section 10.9.h of the PUD Agreement included ne- gotiated requirements for the college to implement a travel demand management plan. Councilmember Ihlan reiterated her concern with the proposed location of the fieldhouse encroaching on the bluff and on the road and contradictions between the site plan and agreement. Mr. Lindgren responded that the language (words) of the PUD Agreement would prevail, as previously discussed. Additional discussion ensued with Councilmember Ihlan expressing her frustra- tion with the City's procedure for approving PUD's and past experience with the process; opining that the process followed by the City of Arden Hills was much more appropriate. Councilmember Ihlan further expressed frustration with the City Council not having approval rights for each portion of the proposed project, and allowing for additional public comment for those various components. Coun- cilmember Ihlan advised that she had proposed language to stipulate that the City Council and Planning Commission have approval rights for each phase of the proposed PUD and was prepared to present that language. Council discussion included the City's comprehensive process for staff approval for each phase of a project, consistent with other projects throughout the City; de- finitive distinctions between amendment to an existing PUD versus a new PUD application; periodic review of the existing PUD for Northwestern College, and the review process triggered by changes to that original plan; and the length of time for full build-out of the campus. At this time, Councilmember Ihlan expressed her concern that City Attorney Anderson, and representatives of Northwestern College, left the Council Cham- bers. Councilmember Ihlan specifically referenced Sections 3.1 and 4.1 of the agree- ment and her specific concerns with those sections, as previously outlined, and proposed amendment to those specific sections. Ihlan moved, Kough seconded, language amendment to Section 3.1 of the PUD Agreement (page 2, lines 4- 6) to strike the last sentence, "T''° ~:~.. °'-°°°~'~ °~ «~~nnti~r~a n ~n4n«4 ...:AL..~.,, ..i,...., :a,.r.: r.,.a :., ce,,.:,,„ n n wei,.....+~ and add language as follows: "[Each phase of the proposed Planned Unit Develop- ment shall be reviewed and approved by the Roseville Planning Commission and Regular City Council Meeting Monday, October 08, 2007 Page 26 City Council before building permits are issues. The review and approval process shall include opportunity for public input on the specific project proposed and up- dated or additional environmental review if the City Counci] determines it is needed.]" Councilmember Pust asked Councilmember Ihlan if she intended to vote for ap- proval of the Amended PUD and PUD Agreement if that language was added. Councilmember Ihlan responded that she was not sure, as she had numerous other issues yet to address. Councilmember Pust opined that during her tenure on the City Council, this dis- cussion was continually brought forward regarding the City Council's apparent lack of control with PUD approvals and process; and further opined that once ap- proved by the City Council, it was part of the process that the applicant meet all City ordinances, and that she trusted City staff to do their job and enforce City or- dinance. Councilmember Ihlan reiterated her concerns and opined that past PUD approvals involved a concept plan for Council approval, followed by the developer returning for approval of a final detailed plan, including a site layout with building design, size and then followed by a PUD Agreement for the final plan. Councilmember Roe spoke against the motion; opining that apparent frustrations in PUD discussions were created by their conceptual nature; however, noted that the PUD Agreement was designed to address the City's concerns, along with es- tablished City Code and trusted City staff for enforce ordinances. Councilmem- ber Roe expressed concern that suggestions were made that City staff wasn't to be trusted and each aspect of the project needed to return to the City Council for re- view. Councilmember Ihlan specifically addressed Councilmembers speaking in opposi- tion to the motion; clarifying that it was not about trusting staff, but was about al- lowing the City Council to do their job and allow for sufficient public comment, similar to the process followed by the City of Arden Hills, with each phase of the development coming for approval to deal to hold the City Council accountable and allow for a democratic process. Councilmember Roe opined that he was not abdicating his responsibilities by not supporting Councilmember Ihlan's proposed language; noting that each phase was laid out in documentation, with fairly general terms as to timing; and he was willing to expect that the college would follow through on their proposed layout; and that this project was not inconsistent with the City's PUD process to-date. Regular City Council Meeting Monday, October 08, 2007 Page 27 Councilmembcr Kough sought City Attorney Anderson's comments on allega- tions raised in Mr. Callaghan's letter related to the project's adherence to City Code. City Attorney Anderson advised that he had already provided legal comment on Mr. Callaghan's letter; and reiterated his disagreement with it. Mayor Klausing called the question. Ayes: Ihlan and Kough. Nays: Roe; Pust; and Klausing. Motion failed. Roll Call Ihlan moved, Kough seconded, language amendment to Section 4. 1 of the PUD Agreement (page 2, lines 16 and 17), striking the last sentence reading, "I-f-fhe ~~Ians--address-it2i~~•.. ,.... ,.;s:,.,.n., „aa.,,..,.,.a :...r.:,, n,..-,,,..,,e.,~ tw„ ,.i....., ..w,.n gv ..... Further discussion ensued, with City Attorney Anderson disagreeing with Coun- cilmember Ihlan's interpretation of the PUD Agreement language of Section 4.1; and strongly encouraged Councilmembers to leave the language as proposed, for reasons previously discussed in the written terms governing and superceding any inconsistencies in plans. Councilmembcr Roe spoke against the motion; opining that the language ad- dressed the referenced exhibits; and if not addressed in text the plans governed. Councilmember Ihla~~ spoke in support of the motion; opining that the amended language as she proposed provided more protection fro the City. Councilmember Pust asked if Councilmember Ihlan would be receptive to amend- ing language of Section 4.1, line 16 to simply insert the word, "following" in the last sentence to read, "If the [following] plans address items not specifically ad- dressed in this Agreement, the plans shall govern with respect to those items. The plans are:.." Councilmember Ihlan responded negatively Mayor Klausing called the question. Roll Call Ayes: Ihlan and Kough. Nays: Roe; Pust; and Klausing. Motion failed. Regular City Council Meeting Monday, October 08, 2007 Page 28 Roe moved, Klausing seconded, APPROVAL of the Amended Planned Unit De- velopment (PUD); acid APPROVAL of the Planned Unit Development (PUD) Agreement for Northwestern College, 3003 Snelling Avenue (PF07-002); subject to the terms and conditions stipulated in the Planned Unit Development Agree- ment as presented and attached to the staff report dated October 8, 2007; a~ne~7ded to modify language in Section 10.3 (page 7, lines 6- 8) related to LEED Design Sta~¢dards as follows: `leadership in Energy and Environmental Design (LEED) Standards. The~~roject will be constructed in such a way that utilizes as many LEED design s7ar~clards as tlae COLLEGE [acid the CITYJ deems possible." Councihnember Ihlan reviewed au extensive list of items she opined were silent in the PUD Agreement as proposed in this motion, related to the environmental review process and the lack of clarity for which agencies participated in the re- view process and what actual information (maps) had been presented to them; and her review of previous materials not included in tonight's packet, including com- ments from the Fish and Wildlife agency, impacts of post construction mitigation and impacts to surface water; traffic lanes not stipulated and cost allocations for the college defined; appropriate berming to mitigate headlights from intersections on the westerly access point; trash hauler contracts for hauling to a licensed facil- ity; and lack of adequate provisions in the PUD Agreement as it now stands. Mayor Klausing asked that Conncilmember Ihlan speak specifically to the mo- tion, stating her support or opposition to it. Councilmembcr Ihlan responded that she would determine what to speak to, and challenged Mayor Klausing's attempt to limit her time to raise her issues; and noted her opposition to the motion. Councilmembcr Milan expressed further concern regarding lack of a traffic and traffic demand management plan; shoreland ordinance provisions; needed policy discussions; no negotiation for a Payment In Lieu of Taxes (PILOT) program; whether staff would be able to determine the adequacy of potential mitigation strategies; whether the expansion motivating this request was good public policy for Roseville; public comments related to too much density on this small campus space; overall impacts of the expansion to the neighborhood and environment; and whether too much discretion was left to the college and unfairly to staff Councilmembcr Pust thanked all members of the public who came to express their concerns. Conncilmember Pust noted that the continuation of public comment had been prompted by previous concerns expressed that the public may not have been sufficiently notices; and the Council's decision to delay making a decision to allow that public notice to be sent to a wider distribution area. Conncilmember Pust opined that the voice of the public was important; and that much important Regular City Council Meeting Monday, October 08, 2007 Page 29 and substantive connnent and discussion had occurred. Councilmember Pust re- viewed her perception of her role as an elected official, to implement existing or- dinance, and to serve the public good by making balanced judgments between the interests at stake. Councilmember Pust opined that, in the PUD context, she needed to make sure she'd addressed everything that needed to be addressed and see that as many spe- cific conditions as possible be contained in the PUD Agreement to serve the pub- lic; expecting staff to be responsible to adhere to the Agreement. Councilmember Pust reviewed those substantive issues raised, specifically traffic flow and com- mitments by the college to mitigate through administrative changes for employees and student class Times, pointing out that this had been incorporated in Section 10.9.h of the agreement; increases to impervious surface as an environmental concept, addressed in Section 10.8 of the agreement; and light pollution reduction, addressed in Section 10.2.c. of the document. Councilmember Pust specifically addressed Mr. Cooke's concerns regarding the PA system and encouraged him to pick up the phone and complain to the City, based on the City's existing noise or- dinance; and his responsibilities as a citizen to address those concerns. Council- member Pust addressed concerns raised by Mr. Bartz regarding comments from Mr. Cousins and code enforcement issues regarding the number of students living in a residence, opining that this was a critical issue, and admitted that the City Council needed to a better job aC enforcing the on-street overnight parking con- cerns, with she and Councilmember Ihlan preparing ordinance amendments to ad- dress this issue. Cowrcihnember Pust also noted that HRA's proposed rental li- censing registratiar program was designed to monitor single-family housing units used as rental properties to address those issues. Councilmember Pust spoke in support of the motion. Councilmember Kough wished the College well with their project and expansion plans; however, opined his desire for them to wait until everything was settled, including pending litigation; and spoke in opposition to the motion. Councilmember Roe spoke in support of the motion, noting that when he first at- tended the Planning Commission when the case was first heard, he had reserva- tions and negative reactions to the project; and was in agreement that the college was attempting to sdueeze too much on the property. Councilmember Roe noted that this had remained in the back of his mind throughout the review process; however, after further consideration and review, he had come to the conclusion that this was not true. Councilmember Roe recognized that some may disagree, and he respected their opinion, he opined that his judgment was informed by ordi- nance and statutes, their appropriateness, and how they would be enforced. Councihnember Roe acknowledged that all items explicitly noted by Council- member Ihlan were not addressed, opined that there were sufficient provisions in- cluded to specifcally address public concerns; and further opined that this was an appropriate way to go forward. Regular City Council Meeting Monday, October 08, 2007 Page 30 Ayes: Roe; Fust; and Klausing. Nays: Ihlan and Kough. Motion carried. Roll Call Due to time constraints, the following items were not addressed at tonight's meeting: c. Resolution -Consider Adoption of a Resolution Adopting the Twin Lakes Busi- ness Park Alternative Urban Areawide Review (AUAR) Update d. Envirommental Review -Consider Approval of the Twin Lakes Alternative Urban Areawide Review (AUAR) to replace the need for an Environmental Assessment Worksheet (EAW) for Redevelopment of the Xtra Lease Parcel by Cent Ventures e. Insurance Benefits Renewals -Consider Approval of the 2008 Insurance Benefits Renewals and Ciiy Contribution to Cafeteria Plan f. Tax Increment Financing (TIF) District -Consider Extending TIF District #1 (Centre Pointe) for Environmental Cleanup in Twin Lakes g. Commission Vacancy -Consider Public Works, Environment, and Transpor- tation Commission Vacancy While there was no forn~al action on this item, it was the consensus of Councilmembers that they preferred to direct staff to proceed with a new round of applications, consistent with past policy and practice. 12. Councilmember-Initiated Items for future Meetings None. Regular City Council Meetong Monday, October O8, 2007 Page 31 13. Adjourn The meeting was adjourned at 10:57 p.m. /' r ~" ~~ f Craig D. Klausing, ayor ATTEST: ~~~ C istopher K. Miller ~~y hl Q '~~ C~ A b O '+""., «t U "'~ Cr c~ C~ Cs.~ A ~ U U U ~ ~ ~~+ •U v 'O' cd ~ S". ~ 3 ~ ~' ..y f". 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W o c ~ ~ -' z ~ w w ~ ~ , A o v o W o ~ ~ ~ •~ ~ ~ ~ ~ , -~ ~ A o w ~ o ~ .o ~ H .~ ~ .n ~ .~ '~ o ~ ~ o E" ` q o U ~ a w o .9 p w o U .~ ~ ~ ~ .9 0 v1 °? . ~ o 0 .. ~ Cti f" ~ 'O "~ '~ ~'" N N . 1 " Ga Y ~ ° ' o i °' 3 0 0 0 0 0 0 c a U W U • - w Z w ~ 2 ,z, Z Z rx r~ O O 7 0 .~ 0 Q .~ b yro i~+ U H 'b 0 o a+ q 0 A N V~ O i~j`~~~~ 8 October 2007 Hand delivered at city council meeting for inclusion in the public record Danie17. Cooke 3070 Shorewood Ln. Roseville, MN 55113 Craig Klausing Mayor, Roseville, MN ACTION TODAY: Notice of failure to meet stipulations of the planning commission approval for the Northwestern College PUD Amendment Administrative controls to reduce unacceptable noise, especially during sporting events Dr. Mr. Klausing: At the planning commission meeting for the Northwestern College PUD Amendment, the Northwestern college representative stated that they would develop and implement plans to reduce the unacceptable noise, especially during sporting events. The proposal was to specify engineering controls to the design of the new PA system, to incorporate sound shielding designs in the layout of sports fields and the design of new buildings and plantings, and to implement effective procedures for limiting the volume setting of the PA system in use. This approach seems eminently sensible and, if carried out effectively, should enable the college to reduce the noise pollution that now plagues the neighbors. Even if reducing the noise below current objectionable levels were to present a difficult challenge to the architects and engineers, it is certain that with proper design the college could ensure that the problem is not made worse. This problem is a serious one; there have been numerous noise complaints against the college, and no effective mitigation has yet been implemented. Mr. Cureton has stated that he would like to maintain good relations with his neighbors. Here is an opportunity for him to mach action to words. My understanding is that planning commission approval was contingent on implementation of the mitigations that were agreed to at the planning commission meeting. Yet, I see no mention in the PUD amendment of engineering and administrative controls to limit objectionable noise. I see no requirement in the PUD amendment to protect the rights of citizens to the quiet enjoyment of their homes. I raised this matter again at the 24 September city council meeting. To date, I have seen no reply or other action from the college. Page 1 of 2 I ask the city council to defer a final vote on the proposed PUD until the college has developed the necessary administrative and engineering controls to limit objectionable noise and until the requirement to protect the rights of citizens to the quiet enjoyment of their homes is properly addressed in the PUD amendment. Until these matters are addressed and all commitments made at the planning commission are honored, the council must not take action to approve the proposed PUD amendment. As a later unfavorable legal ruling against the city may have considerable adverse consequences, including financial liabilities, I ask the city council to make a most searching review of this matter. Please take prudent action to preserve the good name of the city, to promote continued good relations between the council and the citizens, and to protect the city against unwarranted loss. Kindest Regards, Daniel J. Cooke Page 2 of 2 F'. '. I J i ' L. : ' To: City of Roseville From: Timothy Callaghan 3062 Shorewood Lane Roseville. Min 55113 Subject: Proposed Amended PUD for Northwestern College The proposed amended PUD for Northwestern College must be rejected at this time due to the facts that: first, it cannot be constructed in accordance with the development agreement proposed by City Staff; second, because the present package is incomplete as a final PUD and by statement of the Northwestern College Attorney only represents a concept plan for the development and third, because the EAW was not available and distributed with an attachment that had the corrected figures for the planned development. First, based on the language of the proposed agreement, the development cannot be built in accordance with the attachments to agreement. The development agreement specifically states that nothing can be built within 30 feet of the bluff zone. The drawings of the proposed amended construction and the pictures of the proposed buiidirig both show that rile building is actually intruding into the bluff zone. The agreement also states that nothing will be constructed within 75 feet of Lydia. The drawings in the attachments show the Alumni building being only 25 feet from Lydia and this drawing does not account for the additional land that Northwester College must transfer to the City of Roseville for the widening of Lydia per the traffic mitigation agreement. _~e~9.ud,_fbeahpli-ation under review is incomplete as a final stage plan. Section ~~1008.10.D.2.d st tes what information is necessary for the final stage plan. It 1 alsoVsta~es that t ese elements are a necessary part of the final stage plan and as such mush be referenced in the PUD agreement. It states that for the application 10 sets of preliminary plans will be submitted including, but not limited to, the following information. (C) The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area of proposed buildings, including mobile homes and existing buildings which will remain, if any. In a review of all documentation available on the proposed amended PUD, this information about the proposed field house and the proposed Alumni building have not supplied. (D) Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles and all other circulation elements including bike and pedestrian and the total site coverage of all circulation elements. I would also like to warn both Northwestern College and the City of Roseville that the proposed location of the baseball field within 300 feet of Lydia represents a safety hazard and that the possibility of a baseball hitting a moving car and causing both vehicle and personal damage is a significant possibility and that they will be at risk for damages when this occurs. based on this review of the requirements for the Northwestern College PUD, the application must be reject and no agreement can be signed by the City of Roseville to proceed with the development. Tim Callaghan Page 1 0 1 ~j~ t'tG~ '~`~~ ~~ ~ -f` iUJB~~ i Margaret Driscoll From: Gjerdingen, Gene ] Sent: Monday, October 08, 2007 12:40 PM To: `RVCouncil Subject: I support the future campus expansion plans of Northwestern College. Dear City Council Member: As a Roseville resident and alumnus of Northwestern College, I support the future campus expansion plans of Northwestern College. Northwestern has an encouraging impact of on the Roseville community in terms of outreach and service. Northwestern College is a valuable asset to the community as a whole. Northwestern has a positive effect on the Roseville community in relation to commerce (restaurants, lodging), employment, and other business-related activities. Northwestern is willing to be a good neighbor and to develop positive relationships with fellow citizens of Roseville. Sincerely, Gene Gjerdingen 2553 Fisk Street, Roseville Northwestern Class of 1977 This email has been scanned for ali viruses. 10/8/2007