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City Council

City Council Meeting Minutes

January 3, 2011


1.         Roll Call

Mayor Roe called to order the Roseville City Council regular meeting at approximately 6:25 pm and welcomed everyone. Immediately prior to the meeting, a Public Reception was held in the City Hall Lobby followed by City Council Oaths of Office in the City Council Chambers for incoming Mayor Roe and incoming Councilmembers Tammy McGehee and Robert Willmus.  (Voting and Seating Order for January: Willmus; Pust; Johnson; McGehee; and Roe).  City Attorney Charles Bartholdi was also present.

2.         Approve Agenda

By consensus, the agenda was approved as presented.   

3.         Public Comment

Mayor Roe called for public comment by members of the audience on any non-agenda items. 


a.         Bryan Olson

Mr. Olson indicated his desire to comment on Consent Agenda Item 7. f entitled, “Designate 2011 Legal Newspaper.”  Mayor Roe removed the item from the Consent Agenda for discussion.


George Bednar (57-year resident of Roseville and neighbor of Councilmember Bob Willmus)

Mr. Bednar thanked Mayor Klausing and previous Councilmembers and for their service to the community.  Mr. Bednar shared a humorous editorial he had authored entitled, “The Top Ten Reasons why Bob Willmus would make a great member of the Roseville City Council.

4.         Council Communications, Reports, Announcements and Housing and Redevelopment Authority (HRA) Report


Mayor Roe made several announcements related to Roseville Restaurant Week scheduled for January 8 – 15, 2011; and the upcoming Roseville Jazz Blast to be held at Northwestern College scheduled on Saturday, January 15, 2011; with both events sponsored in part by the Roseville Visitor’s Association (RVA) and additional information on their website, also linked to the City’s website.

5.         Recognitions, Donations, Communications

6.         Approve Minutes


a.            Approve Minutes of December 13, 2010 Regular Meeting

Johnson moved, Pust seconded, approval of the minutes of the December 13, 2010 Regular meeting as amended.



§     Page 12, Line 24 (McGehee)

Typographical Correction: Change “appreciated” to “appreciation”


Roll Call

Ayes:           McGehee; Johnson; Pust; and Roe.

Nays:              None.

Abstentions:             Willmus

Motion Carried.

7.         Approve Consent Agenda

Councilmember Willmus advised that he had several minor questions on Consent Agenda Items a and h; but would await City Manager Malinen’s summary of those consent items.


There were no additional changes to the Consent Agenda than those previously noted.  At the request of Mayor Roe, City Manager Bill Malinen briefly reviewed those items being considered under the Consent Agenda.


a.            Approve Payments

Mayor Roe reminded staff that Councilmembers had previously requested replacing account numbers with account names on the check register for easier identification.


City Manager Malinen advised that that transition was in process.


Councilmember Willmus sought background information from staff of the Tax Increment (TIF) District and District Number to identify the payment of $256,000 on the George Reiling property.


Finance Director Chris Miller advised that this district, which he tentatively identified as District No. 14, was an older district set up in the early 1990’s for property north of City Hall consisting of Lexington Apartments and Townhomes, and had only a few years remaining.


Johnson moved, Pust seconded, approval of the following claims and payments as presented.         

ACH Payments







Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.


b.            Approve Business Licenses

          Johnson moved, Pust seconded, approval of business license applications for the period of one (1) year, for the following applicants:



          Type of License

The Neighborhood Recycling Corp, d/b/a Eureka Recycling

2828 Kennedy Street NE; Minneapolis, MN

Solid Waste Hauler

Twin City Refuse Recycling & Transfer Station

318 W Water Street; St. Paul, MN

Solid Waste Hauler

Waste Management of Minnesota, Inc.

10050 Naples Street NE; Blaine, MN

Solid Waste Hauler

Twin City Refuse Recycling & Transfer Station

Recycling Hauler

Waste Management of Minnesota, Inc.

Recycling Hauler

Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.


c.            Adopt Resolution Designating Official Bank Depositories

Johnson moved, Pust seconded, adoption of Resolution No. 10869 (Attachment A) entitled, “Resolution on Designation of Depositories;” designating U. S. Bank, Premier Bank, and M & I Bank as official designated depositories for the City of Roseville for 2011.

Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.


d.            Adopt Resolution Designating Official Bank Signatories

Johnson moved, Pust seconded, adoption of Resolution No. 10870 (Attachment A) entitled, “Resolution of Designation of Bank Signatories;” designating Mayor Daniel J. Roe; City Manager William J. Malinen, and Finance Director Christopher K. Miller as official signatories for the City of Roseville for 2011.


Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.


e.            Approve Not Waiving Statutory Liability Limit

Johnson moved, Pust seconded, to NOT waive the Statutory Liability Limits as detailed in the Request for Council Action (RCA) dated January 3, 2011.


Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.



g.            Authorize Solicitation of Donations for 2011 Special Events

          Johnson moved, Pust seconded, approval for the City Manager or his designee to solicit donations for various City Functions and Events, as detailed in the RCA dated January 3, 2011.


Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.


h.            Authorize 2010 City Sign Permits

Councilmember Willmus questioned staff if this signage included year-round as well as limited timeframes; with City Manager Malinen responding affirmatively.


          Johnson moved, Pust seconded, approval of the 2011 sign permits for City uses and promotions as listed in the 2011 Sign Summary (Attachment A) to the RCA dated January 3, 2011.


Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.


i.             Approve Renewal of Electrical Inspection Service Agreement

Johnson moved, Pust seconded, approval of the 2011 one-year service agreement between the City of Roseville and Tokle Inspections, Inc., (Attachment A to the RCA dated January 3, 2011); and authorizing the Mayor and City Manager to execute the agreement, pending review of the City Attorney; with the agreement to be reviewed annually.


Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.


j.             Designate 2011 Assistant Weed Inspector

Johnson moved, Pust seconded, approval of the appointment of the City of Roseville’s Community Development Department Codes Coordinator as the duly authorized and designated Assistant Weed Inspector for the calendar year 2011, pursuant to Minnesota Statutes, Chapter 18.80; and as detailed in the RCA dated January 3, 2011.


Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.

8.         Consider Items Removed from Consent

a.            Designate 2011 Legal Newspaper (former Consent Item 7.f)

At the request of Mayor Roe, City Manager Bill Malinen briefly reviewed this item as detailed in the RCA dated January 3, 2011.  City Manager Malinen advised that the Star Tribune had not returned a quote; and that based on the two proposals received, staff was recommending the lowest bidder.


Bryan Olson, 1592 Roselawn, Falcon Heights

Mr. Olson displayed the RCA and his personal review of total annual costs for legal notices in the Roseville Review.  Mr. Olson expressed concern regarding the lack of consistent distribution of the newspaper and its use for official legal notices of the City and its effectiveness.  Mr. Olson further questioned what was indicated by the “Cost of Sample Notices,” and why staff did not base comparisons on a per column-inch status.  Mr. Olson opined that the Pioneer Press circulation was significantly higher; and further opined that there were ongoing distribution problems with the Roseville Review and numerous citizen complaints that they could not obtain papers, even at City Hall.  Mr. Olson opined that paying for legal notices in the Roseville Review was a waste of taxpayer monies.


Mr. Olson displayed Minnesota State Statute 2201A.02 entitled, “Requirements for a Qualified Newspaper” and encouraged elected Roseville officials to speak to their state legislators to see revisions in the Statute related to legal publication requirements.  Mr. Olson further reviewed past Roseville City Council meeting minutes addressing past issues with the Roseville Review and distribution concerns.


Councilmember Johnson agreed with Mr. Olson’s concerns regarding why the State Statute continued on the books as currently written; however, he noted that it was beyond his control.  Councilmember Johnson did indicate that, as a recipient of both the Roseville Review and Pioneer Press, the Pioneer Press did not go to every Roseville household unless they were a subscriber.  While possibly having distribution problems, Councilmember Johnson advised that the Roseville Review claimed that they went to every household in Roseville.


Councilmember McGehee expressed her preference for the Pioneer Press, since people paid for delivery and archive information was available and important for public access.  Councilmember McGehee opined that, for those citizens not computer-savvy or not having computer access, as well as those living in apartments who may not have access to the Roseville Review other than a few dropped off in the lobby, they could subscribe to the Pioneer Press and have a more reliable venue in terms of distribution.  Councilmember McGehee admitted that she didn’t have enough information to determine how this would work out monetarily, and concurred with Mr. Olson that cost comparisons were usually made by column inch, and that she was unaware of what was meant by “sample notices.”


Councilmember Pust noted comparison rates between the two (2) proposals and the additional cost of the Pioneer Press proposal, which would only be available to citizens who paid for a subscription.


Pust moved, Johnson seconded, approval of the Roseville Review as the legal newspaper for the City of Roseville for 2011.


Mayor Roe opined that both choices were flawed for use by the City for legal notices; however, he noted that until the state law is updated to reflect today’s technology and media choices, the City needed to follow State Statute as currently written.

Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.

9.         General Ordinances for Adoption

10.      Presentations

11.      Public Hearings

12.      Business Items (Action Items)


a.            Designate 2011 Acting Mayor

Johnson moved, Willmus seconded, designation of Councilmember Tammy Pust as the 2011 Acting Mayor.


Mayor Roe noted that this motion was in keeping with historical practice of the City Council in using Councilmember seniority in designating and rotating the role of Acting Mayor; and expressed his support of continuing that common sense practice.

Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.


b.            Consider Reappointing Citizen Advisory Commissioners

Councilmember Willmus questioned if the City had received any other applications for the Public Works, Environment, and Transportation Commission.


City Manager Malinen responded that he did not have that information available; but that this was part of the initial process interviewing and/or reappointing incumbents before considering new applications.


Mayor Roe concurred, noting that these Commissioners were currently serving, were eligible for reappointment, and had applied for reappointment.  Mayor Roe noted that, according to City Council policy, if two Councilmembers indicated a preference for interviewing these Commissioners prior to considering reappointment, the City Council would do so; otherwise he would entertain a motion on their reappointment at this time.


Pust moved, Johnson seconded, reappointment of Public Works, Environment, and Transportation Commissioners James DeBenedet and Jan Vanderwall to three year terms ending March 31, 2014.


Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.


Mayor Roe announced additional vacancies available on City Council Advisory Commissions and encouraged the public to submit their applications in their areas of interest.


c.            Consider Appointing Student Representative to the Human Rights Commission (HRC)

At the request of Mayor Roe, City Manager Bill Malinen briefly reviewed this item as detailed in the RCA dated January 3, 2011.


McGehee moved, Willmus seconded, appointment of Anthony Barrett to serve as a Youth Commissioner on the Human Rights Commission (HRC) for a term that expires July 31, 2011; to establish an alternate youth commission position; and to appoint Marie Siliciano to serve as an alternative youth commissioner on the Human Rights Commission for a term that expires July 31, 2011.


Councilmember Johnson spoke in support of Anthony Barrett based on his coaching of Mr. Barrett for several years; and opined that he would be a wonderful and outstanding addition to this commission.


Mayor Roe encouraged Alternative Youth Commissioner Marie Siliciano to attend any and all meetings of the HRC, not just as an alternate.


Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.

13.      Business Items – Presentations/Discussions

a.    Discuss Council Rules of procedures

Mayor Roe reviewed Rule 10 regarding adoption of revisions by a City Council majority or remains in effect until their amendment or repeal.


Rule 9 Suspension of Rules

Councilmember Willmus questioned the reference to Robert’s Rules of Order under Rule 9, noting the Council is adopting Rosenberg’s Rules of Order.  Willmus also questioned whether, under Rosenberg’s Rules, suspension of Rules should be by a simple majority, rather than super majority vote.


Discussion included clarification of page 4 of Rosenberg’s Rules related to a vote of the membership or of the quorum present; preferred consistency throughout the Rules of Procedure; possible examples of implications in making a change from super to simple majority vote that may have unintended consequences; and incorporating a break within the meeting as general practice in the future.


Rule 2 Timing of Council Packet Formation and Delivery

Councilmember Willmus questioned if there was a way to increase the time between when the general public has access to the final City Council packet and whether that could be revised to have the information available by Thursday rather than Friday for the next Monday’s meeting.


City Manager Malinen clarified that the packets were distributed on Thursday for the next Monday’s meeting.


Discussion included improving availability of the on line list serve and City website copies of the packets in an effort to provide the public with ample lead time to respond to upcoming agenda items.


Councilmember McGehee questioned why the pre-packet was not made available to the public.


City Manager Malinen noted that many times the pre-packet included incomplete materials needing further refinement over the course of the next week, at which time the final public document was made available.


Councilmember Willmus clarified that he was only concerned with the final public documents.


Mayor Roe concurred with City Manager Malinen that the pre-packet was somewhat preliminary, and while it could be made a public document, further refinement may be preferred before doing so.


Mayor Roe advised that, related to the requested break in meetings that he would attempt to be more aware of that need, but didn’t think a revision to the Rules was indicated.


Rule 3 Agenda

Mayor Roe spoke in support of adding a place for follow-up needed for previously stated public comments; and suggested that this be made a practice, but was not necessary for revision to the Rules.  At the request of City Manager Malinen, Mayor Roe clarified that, if staff was so directed by the City Council by motion or consensus to obtain additional information or provide follow-up, if appropriate for public information, staff would provide that during Public Comment to close that issue for the public, currently done by e-mail or memorandum from staff to the City Council.


Mayor Roe also suggested moving the HRA Report from “Council Communications” to “Presentations” in the agenda.  Councilmember Pust expressed support for such a change, as a member of the HRA.


McGehee moved, Johnson seconded, correction to City Council Rules and Procedures to update all references from “Roberts Rules” to “Rosenberg’s Rules of Order; to revise Rule 5 to indicate that any follow-ups by staff or the City Council on previously requested Public Comments, be responded to during Public Comment as well; and to revise Rule 3 to relocate Quarterly HRA Reports from number 4 to number 13 “Presentations.”


Mayor Roe requested that staff further review the simple or super majority vote issue raised by Councilmember Willmus and report back for further discussion and possible action.


Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.


          Mayor Roe noted that, in agenda order for presentations/discussions, if the City Council determined at their upcoming strategic planning discussion that they preferred to use a more informal work session format for those items, further consideration could be given to additional revisions on how best to proceed. 


          City Manager Malinen made a note of this discussion item for the Strategic Planning Meeting agenda.


b.    Discuss City Council Liaisons

City Manager Malinen provided background information in the RCA from past discussions of City Council liaisons or city representations on various boards and/or agencies.


Grass Lakes Water Management Organization (GLWMO)

City Manager Malinen added one additional City Council Liaison request received from the Grass Lakes Water Management Organization (GLWMO) Board in their development of a ten year water management plan, operating under a Joint Powers Agreement (JPA) with the Cities of Shoreview and Roseville.  City Manager Malinen advised that the request was somewhat urgent for a decision tonight, as their first meeting was scheduled on January 12, 2010 in the Willow Room at City Hall as they begin their planning process.


Public Works Director Duane Schwartz provided additional information related to the planning process; their request for City Council representation from both member cities for providing input at the upcoming stakeholder meetings; review and comment of the draft plan; and anticipated completion by October of 2011.


Mayor Roe noted that the Parks and Recreation Master Plan Implementation process may also involve a City Council liaison; but advised that a determination on that could be made at a future meeting.


Councilmember McGehee expressed some interest in serving as a liaison to the GLWMO Board, similar to her volunteer work with the Rice Creek Watershed District camp programs; however, prior to committing, she would prefer additional information related to their goals and authorities.


Mr. Schwartz provided some additional information on the organization’s five member board; their management of several water bodies within the communities of Shoreview and Roseville (Lake Owasso, Snail Lake, and feeder water bodies such as Lake Bennett flowing into those lakes); and development of a water management plan setting goals and policies for implementation by member cities.  Mr. Schwartz advised that a Water Management Organization (WMO) operated similar to a Watershed District, except on staffing to meet standards or levels of water management activity for the Board of Soil and Water Review (BSWR).  Mr. Schwartz advised that respective City staff carried out goals and rules of the WMO as land use applications came forward.


Councilmember McGehee expressed her willingness to serve as liaison, but requested additional time to review the organization.


City Manager Malinen advised that staff could include liaison appointment to the GLWMO at the January 10, 2011 regular meeting.


By consensus, the Council so directed staff to include that as an agenda item.


GEARS Advisory Board (Transportation Issues)

Councilmember Pust noted the need to appoint someone to serve on the GEARS Advisory Board.


City Manager Malinen advised that appointment was done by metropolitan cities, and that City Councilmembers were eligible to serve, but that former Mayor Klausing’s appointment was not a City Council appointment.


Councilmember Pust advised that the City Council had previously voted on whether to submit Mayor Klausing as a representative.  Councilmember Pust spoke in support of the City of Roseville having a voice at the table for future transportation discussions unless Craig Klausing planned to continue serving on behalf of Roseville.


Further discussion included how vacancies were handled, with City Manager Malinen noting that their application deadline had been December 2, 2010.


Mayor Roe asked that staff report back at a future meeting on the status of Craig Klausing’s representation on this Board on behalf of the City of Roseville.


Councilmember Johnson noted that, in his review of this advisory board with former Mayor Klausing, there was currently nothing happening due to the current economy.


Councilmember Pust reiterated her concern that the entire region needed a Roseville voice at the table for these regional transportation issues.


Ramsey County League of Local Governments (RCLLG)

Councilmember Pust noted that all Councilmembers could attend if interested, and while she expressed interest in serving on this Board, she noted that Councilmember Johnson currently served as an Alternate and may be interested in stepping up his role.


Councilmember Roe noted that while all Councilmembers could attend, to serve as one of the three Executive Board Officers, you had to be a designee by the City.


Councilmember Johnson expressed interest in serving as the City’s representative to the RCLLG; and Councilmember Pust volunteered to serve as his alternate.


Pust moved, McGehee seconded, appointing Councilmember Jeff Johnson to serve as the Roseville City Council’s representative on the Ramsey County League of Local Governments (RCLLG).


Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.


Johnson moved, McGehee seconded, appointing Councilmember Tammy Pust to serve as the Roseville City Council’s Alternate representative on the Ramsey County League of Local Governments (RCLLG).


Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.


Mayor Roe advised that he currently served as Chair of the North Suburban Communications Commission and North Suburban Access Channel Boards; and suggested that he continue in that role for the time being; with Councilmember Johnson serving as his Alternate.  Mayor Roe noted that City Manager Malinen served on a subcommittee looking at franchise renewals.


Councilmember Pust noted that she served two appointments: Housing and Redevelopment Authority (HRA) City Council member/representative; and on the Board of the Northwest Youth and Family Services (NYFS) as the City of Roseville representative, assuming that role from former Roseville City Councilmember Dean Maschka.


          Councilmember Johnson questioned if Councilmember Pust was comfortable with her work load and continued service on both those Boards.


          Councilmember Pust advised that she was comfortable with both and their required time commitment; however, she expressed the importance and value of both organizations; and opened them up to others interested even though she had historically served on both.


          Councilmember Johnson opined that Councilmember Pust did a good job representing the City on both and supported her continued service.


          Mayor Roe noted that you didn’t have to be a member of the City Council to serve on the HRA, but that it was important from Mayor Klausing’s perspective that the City Council be represented.  Mayor Roe offered further discussion in the future if any Councilmembers so desired.  Mayor Roe noted that HRA appointments were mayoral, subject to City Council ratification.


          Further discussion included appointment processes followed by the NYFS and the ten other member cities for Board appointments; with Councilmember Pust advising that she had previously served as a community at-large appointment to the Board, and when Mr. Maschka’s City Council term expired, she was appointed by the Board in his place.


c.         Discuss City Council Strategic Planning

Mayor Roe expressed interest in renaming these meetings to “work plan” rather than “strategic.”


City Manager Malinen reviewed past strategic planning meetings of the City Council in the Skating Center’s Olympic Room.  Noting the focus of past meetings on budget issues and those challenges, City Manager Malinen advocated that upcoming meetings be more focused on a dialogue among Councilmembers and staff on creation of a work plan or strategic plan reflecting collective City Council priorities over the next few years.  City Manager Malinen noted the difficulties in holding those meetings off-site and attempting videotaping for public information; and suggested that future meetings be planned in the City Council Chambers.  City Manager Malinen noted past practices to hold meetings on Saturday mornings, but identified several Monday evenings – January 31 and February 7 – that were currently available for a potential work plan meeting.  City Manager Malinen also advised that the community survey was currently being mailed out and suggested that the City Council may wish to delay their work plan meeting until receipt of survey data, estimated to be approximately February 20, 2010; in order to include that valuable information to factor into priority discussions.  Mr. Malinen encouraged Councilmembers to use a facilitator at the meeting to keep it organized and on task.


Councilmember Willmus expressed his opposition to the need for a facilitator, opining that he preferred a more informal discussion with staff and City Councilmembers.


Mayor Roe sought clarification from Councilmember Willmus, whether his concerns with a facilitator were based on cost or process issues.


Councilmember Willmus advised that he felt a more general discussion would be accomplished without a facilitator, but noted that cost is a concern, while not an overriding one.


Councilmember McGehee expressed her preference not to have a facilitator, allowing for a more open discussion with staff without need of a mediator.  Councilmember McGehee suggested that the meeting be done without a facilitator, and if it proved ineffective, a facilitator could be used the next time around.


Councilmember Johnson advised that he had attended one strategic meeting with and one without a facilitator; and opined that he felt the one without a facilitator had proven very productive, and concurred with Councilmembers Willmus and McGehee that a facilitator was not needed.


Mayor Roe volunteered his services as a facilitator for the meeting, and expressed confidence that he would steer the process to meet expectations for the day and the agenda, while being able to participate in discussions as well.


Councilmember McGehee expressed her preference for meeting earlier in the year rather than waiting for survey results.


Mayor Roe clarified City Councilmember preference for establishing an agenda and parameters for the initial meeting in January or February, including discussion items and plan of action; with future discussion following receipt of survey information and how it fed into the initial work plan.


Councilmembers concurred on the earlier meeting dates; and were asked to review their calendars for availability for a Saturday daytime or Monday evening meeting.


After initial review of individual calendars, Councilmembers Pust, McGehee and Johnson expressed their preference for a Monday evening meeting; with Councilmember Willmus expressing his openness to either.


City Manager Malinen noted the open Monday evening dates of January 31, and February 7, 2011.


Mayor Roe suggested an earlier start time may be possible; or to consider both dates with shorter meetings each evening; or using the second date as a follow-up meeting if needed.


Councilmembers concurred.


Johnson moved, McGehee seconded, setting Monday, January 31 and Monday, February 7, 2011 as special meeting dates for the purpose of developing a City Council work plan for the coming year.


Roll Call

Ayes: Willmus; Pust; Johnson; McGehee; and Roe.

Nays: None.


City Manager Malinen clarified that his desire was for focus on more than one year for planning priorities.


Mayor Roe noted his preliminary discussions with City Manager Malinen expressed a preference for Councilmembers and staff to identify things to be accomplished and decisions needing to be made over the next few years; both those “need to” and “ought to” items.

14.      City Manager Future Agenda Review

15.      Councilmember-Initiated Items for Future Meetings

Mayor Roe offered congratulations to new Councilmembers; opining that things were off to a good start.  Mayor Roe reminded Councilmembers that the formal City Council photo was scheduled on January 10, 2011 immediately prior to the meeting. 

16.      Adjourn

The meeting was adjourned at approximately 7:56 pm.