City
Council Meeting Minutes
November 14, 2011
1. Roll Call
Mayor Roe called to order the
Roseville City Council regular meeting at approximately 6:00 pm and welcomed
everyone. (Voting and Seating Order for November: Willmus; Pust; Johnson;
McGehee; and Roe). City Attorney Charlie Bartholdi was also present. Councilmember
Pust arrived at approximately 6:18 pm; and Councilmember McGehee arrived at the
meeting at 6:21 pm.
2.
Approve Agenda
Mayor Roe noted that Councilmember
McGehee had requested removal of Items 7.f and 7.h from tonight’s Consent
Agenda, respectively entitled, “Authorize Police Department to Accept an Auto
Theft Prevention Program Grant;” and “Approve the Preliminary Concurrence
Letter for DeMinimis Request for Purchase of Right-of-Way for the Twin Lakes
Parkway Twin Lakes AUAR Subarea I infrastructure Improvements.”
Willmus moved, Johnson seconded,
approval of the agenda as amended.
Roll Call
Ayes: Willmus; Johnson; and
Roe.
Nays: None.
3. Public Comment
Mayor Roe called for public comment
by members of the audience on any non-agenda items. No one appeared to speak
at this time.
5.
Council Communications, Reports and Announcements
Mayor Roe announced an Urban Land
Institute Workshop scheduled Tuesday evening, November 15, 2011 from 6:30 –
8:30 pm in the City Hall Council Chambers, at which the City Council, Planning
Commission and Housing and Redevelopment Authority (HRA) would be attending;
and noted that the Workshop was open to the public for anyone interested in
attending.
Mayor Roe noted his pride in
representing the City of Roseville at the recent deployment ceremony of the 55
members of the 147th Human Resources Company based at the Roseville
Armory; with two upcoming deployments on November 16, and again on December 6,
2011 to Kuwait and Afghanistan. Mayor Roe expressed his intent to support the
soldiers and their families during this deployment and sought a commitment from
Roseville residents to do the same.
Councilmember Willmus noted the
recent apartment fire in Roseville and displacement of a number of families
with young children; with local elementary schools seeking donations of
clothing and household items, with Ms. Julie Fick, a secretary at the Emmett D.
Williams Elementary School coordinating donations (651/482-8624).
Mayor Roe also noted that the Fire
Marshal was still investigating the fire and asked anyone with information to
contact City Hall with information.
6.
Recognitions, Donations, Communications
6. Approve Minutes
Comments and corrections to
draft minutes had been submitted by the City Council prior to tonight’s meeting
and those revisions were incorporated into the draft presented in the Council
packet.
a.
Approve Minutes of October 24, 2011 Meeting
Johnson moved, Willmus seconded,
approval of the minutes of the October 24, 2011 meeting as submitted.
Roll Call
Ayes: Willmus;
Johnson; and Roe.
Nays: None.
7.
Approve Consent Agenda
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
Willmus moved, Johnson seconded,
approval of the following claims and payments as presented.
|
ACH Payments
|
$924,105.94
|
|
64389 – 64597
|
1,159,617.83
|
|
Total
|
$2,083,723.77
|
Roll Call
Ayes: Willmus; Johnson; and
Roe.
Nays: None.
b.
Approve Business Licenses
Willmus moved, Johnson seconded, approval
of business license applications for the period of one (1) year, for those
applicants as follows:
|
Applicant/Location
|
Type of License
|
|
Randy’s Environmental Services
P. O. Box 169; Delano, MN
|
Solid Waste Hauler
|
|
Massage Envy; Rosedale Commons, Suite #140
|
Massage Therapy
Establishment
|
|
Jennifer Mesenbrink at Red Rover Clinic
2233 N Hamline Avenue, Suite #301
|
Massage Therapist
|
Roll Call
Ayes: Willmus; Johnson; and
Roe.
Nays: None.
c.
Approve General Purchases and Sale of Surplus Items Exceeding
$5,000
Willmus moved, Johnson seconded, approval
of the submitted list of general purchases and contracts for services presented
as follows:
|
Department
|
Vendor
|
Item/Description
|
Amount
|
|
Police
|
Ranger GM
|
Unmarked Police Vehicle
|
$16,891.57
|
Roll Call
Ayes: Willmus; Johnson; and
Roe.
Nays: None.
d.
Set November 28, 2011 Public Hearing for Liquor License Renewals
Willmus moved, Johnson seconded, approval
to schedule a Public Hearing for November 28, 2011 to consider approval/DENYING
the renewal of the requested liquor licenses for calendar year 2012.
Roll Call
Ayes: Willmus; Johnson; and
Roe.
Nays: None.
e.
Approve 2011-2012 Teamsters Contract
Willmus moved, Johnson seconded, approval
of the proposed terms and conditions of the 2011 – 2012 collective bargaining
agreement with the Teamsters; and to direct City staff to prepare the necessary
documents for execution, subject to City Attorney approval as to legal form.
Roll Call
Ayes: Willmus; Johnson; and
Roe.
Nays: None.
g.
Roseville Energy Action Conservation Team Report
Willmus moved, Johnson seconded, receipt
of staff’s Energy Use Update as presented.
Roll Call
Ayes: Willmus; Johnson; and
Roe.
Nays: None.
i.
Receive 2011 Police Department Alarm Responses Report
Mayor Roe
questioned if staff needed further direction from the City Council on further reporting;
with City Manager Malinen responding that the Police Department would continue
to monitor statistics and trends, and report to the City Council on an annual
basis unless otherwise directed by the City Council.
Willmus moved, Johnson
seconded, receipt of 2011 Police False Alarm Response Report as demonstrated
and presented.
Roll Call
Ayes: Willmus; Johnson; and
Roe.
Nays: None.
10.
Presentations
a. Public
Works Annual Work Plan
Public Works Director Duane
Schwartz reviewed the 2012 Work Plan as detailed in the Request for Council
Action (RCA) dated November 14, 2011 related to Pavement Management Program
(PMP) projects; sanitary sewer lining and replacement and watermain
replacement; storm sewer system improvements; seal coat; and pathways; as well
as their locations, cost estimates, and funding sources.
Mr. Schwartz sought City Council
feedback on the proposed Work Plan and their ratification of the proposed
projects. Mr. Schwartz noted that utility projects were of a more preliminary
nature than the street plan at this point, as reviewing of televised lines done
over the summer was still underway, as well as reviewing the condition of pipes
in 2012 street project areas. Mr. Schwartz noted that final projects would
also be determined after the City Council’s review and approval of utility rate
structure fees for 2012.
Councilmember Pust arrived at this time,
approximately 6:18 pm.
Mr. Schwartz further noted that
the City of Roseville was in discussions with the 3M Company for a new
generation pilot project, the first ever in the State of MN, for full
structural water pipe lining, with this new material recently receiving approval
by the Safe Drinking Water Foundation as well as by the AWWA. Mr. Schwartz
advised that if negotiations were successful, the City of Roseville would
become 3M’s showcase project, to be decided in the next few months, and allowing
for a price break since this was a new material being tested.
Mr. Schwartz reviewed various
areas in Roseville subject to historic flooding as evidenced during last
summer’s heavy rainwater events; and areas with chronic repair and pipe
settlement issues.
Councilmember McGehee arrived at this
time, approximately 6:21 pm.
Discussion included minimal
savings for 2011 projects (Dale Street and some mill and overlay projects), but
most within engineer’s estimates; costs for asphalt and fuel currently
stabilized but not anticipated to be long-term savings areas; completion date
of the Fairview Corridor project anticipated by the end of summer 2012, with
refined scheduling required due to Ramsey County’s delay of the proposed County
Road B-2 project; and impacts continuing to be felt from the state government
shutdown during the summer of 2011.
At the request of City Manager
Malinen, Mr. Schwartz reviewed potential assessment project areas to benefiting
properties, with some potentially on County Road B-2 from Snelling to Fairview
Avenues, and Snelling Avenue from Transit Avenue to County Road C-2.
Johnson moved, Pust seconded,
approval of the 2012 Public Works Work Plan as presented.
Roll Call
Ayes: Willmus; Pust; Johnson;
McGehee; and Roe.
Nays: None.
- Consider Items Removed from Consent
f.
Authorize Police Department to Accept an Auto Theft Prevention Program
Grant
At the request of Mayor Roe, City
Manager Malinen briefly summarized the request as detailed in the RCA dated
November 14, 2011. Mr. Malinen noted that the requested action was amended to
authorize the City Manager and Mayor to executive the documents; and advised
that there would be no in-kind cost to the City with this grant.
Police Chief Mathwig responded to
individual City Councilmember questions and provided a visual sample of one
such cameras recently mounted on the exterior of squads in the City of Maplewood
to scan license plates and automatically run them through the data base for
stolen vehicles, warrant arrests, driving after revocation and other
violations, and if found, it would audibly alert an officer of the vehicle.
Chief Mathwig noted that officers currently manually scanned vehicles, and this
would allow them to be more efficient and be alert for other areas of concern
in the community while the camera scanned vehicles.
Councilmember McGehee expressed
concern an officer would not be paying attention to their driving, but instead
looking at their laptop rather than the road; and expressed further concern
about subsequent high speed vehicle chases, citing recent examples.
Chief Mathwig noted that the
camera simply took the place of the officer manually scanning vehicles and
advised that the City had in place a restricted chase policy, with officer
training made available by the City every three (3) years, even though the
State only mandated every five (5) years. Chief Mathwig assured Councilmembers
and the public that officers were always cognizant of safety issues for all
parties, while still enforcing the law.
Councilmember Pust questioned how
this compared with the cameras installed by the City of Minneapolis in the
recent past that had created such concern.
Chief Mathwig advised that those
cameras were “red light” cameras installed at intersections in Minneapolis; and
advised that the MN Supreme Court interpreted constitutional rights differently
than in other states, and the right to personally talk to your accuser.
At the request of Councilmember
Pust, Chief Mathwig reviewed the process when the squad mounted camera/scanner
identified a vehicle with an outstanding warrant or other alert, with the officer
then stopping the vehicle to personally verify the vehicle’s ownership and
driver, with driver’s license currently available on the vehicle’s laptop
computers in Minnesota, with the officer required to determine that the driver
closely resembled the owner’s driver’s license photo.
Mayor Roe, having ridden along with
an officer, confirmed that officers are continually doing manual checks of
vehicle license plates when on patrol; and opined that this would allow the officer
to pay attention to other things until alerted by the audible message of any
hits.
Chief Mathwig concurred that this
would keep the officer’s attention forward; and advised that few such issues
involved high speed chases, with most simply random traffic stops.
McGehee
moved, Johnson seconded, authorized the Mayor and City Manager to execute the
State of MN Grant Contract, as presented, allowing the City of Roseville to
accept the grand funding and proceed with the purchase of two (2) automated
license plate readers.
Roll
Call
Ayes:
Willmus; Pust; Johnson; McGehee; and Roe.
Nays:
None.
h.
Approve the Preliminary Concurrent Letter for DeMinimis Request
for Purchase of Right-of-Way for the Twin Lakes parkway Twin Lakes AUAR Subarea
I Infrastructure Improvements
At the request of
Mayor Roe, City Manager Malinen provided a brief summary of the request
detailed in the RCA dated November 14, 2011. Mr. Malinen noted that several of
the parcels in Twin Lakes had been designated as parks, one part of the City’s
storm water system and a portion of Langton Lake Park; and that they would
remain parks unless the City could replace them in-kind. Mr. Malinen advised
that this letter of request for a right-of-way states that the City intends to
replace those areas with parkland somewhere else in order to allow the City to
move forward under federal guidelines. Mr. Malinen advised that the City had
looked at acquisition candidates in the Twin Lakes area, one near the ball
fields that had been forfeited, and another off County Road C-2.
As a volunteer
having done water testing on Langton Lake over a number of years, Councilmember
McGehee noted the importance of these storm water ponds in the filtering
process for the south basin of Langton Lake, with water quality continuing to
improve as a result, and noted the topography of that area that rapidly slopes
down to the lake. Councilmember McGehee questioned if it was possible to move
Twin Lakes Parkway slightly around the filtration ponds so it wouldn’t jeopardize
the water quality improvement achieved to-date. As far as additional parkland,
Councilmember McGehee stated that she was not opposed to the parcel down below,
but the water quality in the south and middle needed to be preserve, since the
north basin had already been declared dead as there was insufficient oxygen to
support aquatic life.
Mayor Roe indicated
that he didn’t think it was staff’s intention to change the ponds.
City Engineer
Debra Bloom advised that the basin in question, known as the Arthur Street
Pond, was a two (2) cell pond with a narrow channel; and that the channel had
originally been designed to have a road on it: Twin Lakes Parkway. Ms. Bloom advised
that one aspect of the road design was to turn the area into another storm
pond; and assured Councilmembers and the public that when road projects were
designed and subsequently installed they had to meet all water quality
regulations, whether through private or public development. Ms. Bloom advised
that it was not staff’s intent to fill it in, but to just have the road go
where it was originally designed as Arthur Road.
At the request of
Councilmember Pust, Ms. Bloom confirmed that there would be a culvert
underneath the road to drain the pond.
At the request of
Councilmember Pust, Public Works Director Dwayne Schwartz advised that it was
yet to be determined where money would come from for purchase of other land to
make up for these two (2) parcels; however, he noted that there were some
opportunities identified in the Parks and Recreation Master Plan, including the
current tax-forfeited parcel that had previously been identified for
acquisition for parkland. Mr. Schwartz noted that a medium Oak Forest had also
been identified to preserve land in that area; with some potential opportunities
for acquisition through redevelopment contracts with developers in that area;
and a potential for remnant parcels that could be designed as parkland in the
future. Mr. Schwartz noted that there were also potential grant funds
available for parkland acquisition, as well as through use of bond funds in the
future, along with other opportunities.
At the request of
Councilmember Pust, Ms. Bloom clarified that the requested City Council action
was to authorize execution of a Letter of Intent for MnDOT that the City would
find approximately ½ acre of parkland as part of the City’s Project Memorandum
that would serve to secure the funds received by the City approximately two (2)
years ago.
At the request of
Mayor Roe, Ms. Bloom displayed a map showing the specific parcels intended for
swapping; noting that the reason this action was required was a result of
unintended consequences, with the designated storm water receiver not available
as part of parkland.
At the request of
Councilmember McGehee on the size of the intended culvert under the roadway,
Ms. Bloom advised that that had yet to be designed, but assured that it would
be adequately sized to allow water fowl to get across and to meet all requirements.
Pust moved, Willmus
seconded, approval of the PRELIMINARY concurrence letter for De Minimis request
for the purchase of Right-of-Way for the Twin Lakes Parkway Twin Lakes AUAR Subarea
I Infrastructure Improvements.
Roll Call
Ayes: Willmus;
Pust; Johnson; McGehee; and Roe.
Nays: None.
13. General Ordinances for
Adoption
14.
Presentations
a. Introduction
and Discussion Regarding Fire Station Building Team
Fire Chief Tim O’Neill introduced presentation
topics for tonight’s meeting, including comparison of sustainability
certification programs, potential sustainable project features, program of
space needs, and a preliminary site plan (sketch).
Architect of
Record: Principal Architect Quinn Hutson, AIA, LLED AP
Mr. Hutson introduced members of
the design team and Construction Manager, those present and those unavailable
tonight; and their various areas of expertise. Information was summarized in
the RCA dated November 14, 2011.
Several members of the design
team, based on their specific areas of expertise, provided an overview of the
project, with Wayne Hilbert, AIA, LLEP AP, Green Globe Professional in the
area of Sustainability reviewing three basic sustainable design approaches:
LEED Certification and Green Globes Certification, both with associated fees
for third-party certification, as well as Sustainable Design, with no third
party certification. Mr. Hilbert assured Councilmembers and the public that the
design team would use the same systematic approach in the design and
construction, with or without third-party certification and their stamp of
approval. Mr. Hilbert reviewed the numerous components available for sustainable
development.
At the request of Councilmember McGehee,
Principal Mechanical Engineer Larry Svitak, PE addressed various design
processes that were subject to review and verification for third-party
certification that Larry Svitak – additional tasks during design process.
Mr. Svitak addressed the intent to
utilize waste heat from the City Campus’s geothermal system routed throughout the
campus via the Public Works building from the Ice Arena to the Fire Station.
Fire Chief O’Neill noted that
continuation of the campus’s Geothermal Master Plan was currently under review
by another partner in the design process, KFI, the firm originally designing
the geothermal system, with that supplemental study advising how best to
incorporate use of the geothermal system into a campus-wide plan, as well as
piping for future incorporation of other areas on campus.
At the request of Councilmember
Johnson, Mr. Svitak advised that there will be a need for additional well
fields, since the fire station would be a heating dominant building due to continual
heating of the apparatus bays, with sufficient bores currently in place to
handle the cooling load, but not the heating load; as well as using the excess
waste heat generated by other buildings that was not currently being utilized.
At the request of Mayor Roe, Mr.
Svitak noted other areas for use of waste heat, such as to heat domestic water.
Principal Electrical Engineer Jay
Hruby, reviewed areas where the most point would be gained for LEED or
Green Globes certification, such as high efficiency lighting and controls; daylight
harvesting; and full cutoff exterior light fixtures.
Mr. Hutson reviewed the conceptual
facility space needs analysis developed to-date, based on review of the Design
Team and input from the Fire Department; however, he noted that this did not
yet include development of a floor plan of circulation layout. Mr. Hutson
advised reviewed a potential floor plan and estimated square footage for each
use, including that of administration, living space, support space, operations,
infrastructure, and circulation for total anticipated for programmed space of
31,477 square feet.
At the request of Councilmember Pust,
Mr. Hutson confirmed that those square footages fell within the norms used by
other Fire Departments, as well as other fire stations for comparison.
Mr. Hutson further reviewed
specific site plan features and restraints in using this site, including prairie
restoration drainage wetland, maximum grade change (slope); response direction;
and minimum distance from Woodhill and Lexington intersections for safety
concerns. Having initially considered four (4) different options for the site layout,
Mr. Hutson advised that the site plan sketch that worked on this site was the
one included in tonight’s packet and displayed for public information. Mr.
Hutson further reviewed opportunities found on this site, such as noting that
the entrances would now face each other; there would be room for a screened
training area; day lighting from east to west; a pedestrian connection to the
City Campus; and a visual entrance to the City Campus.
Discussion among the Design Team
members, Chief O’Neill and Councilmembers included proximity of the proposed
building footprint to Lexington, with the proposed building further back to the
west than the current building, yet similar in location of the footprint;
rationale in not recommending a connection between parking and drivability
between City Hall and the Fire Station based on limited parking for on-duty
(first responders) in emergency situations and safety concerns; apparatus flow
design for right/left turns; support equipment area between the on-duty
apparatus and back bays for less frequently used equipment (estimated for use
approximately 50 times/year); more separation for active bays from the
Woodhill/Lexington Avenue intersection; and how topography was addressed at
that intersection and immediately north and south on Lexington Avenue with the
building’s footprint.
Chief O’Neill reviewed the
proposed pre-emptive warning devices that first responders would activate for
traffic signals at Woodhill Avenue and Lexington Avenue for north/south traffic
and east/west traffic at County Road C and Lexington Avenue to manage signal
light cycles and traffic.
Mr. Hutson further addressed the
three-dimensional modeling used for traffic flow and parking, including parking
command vehicles at the rear of the building, away from the operational bays,
and garage space for them requiring less height clearance and thereby reducing
needed volumes and building costs. Mr. Hutson noted that the thirty-four (34)
parking stalls available on site were impacted by the building’s footprint
sited to allow the best turning radius for equipment and on-site safety; with
those stalls maxed out for training and callbacks for firefighters; and due to
that, the design team was not recommending connecting that parking to the City
Hall parking lot in order to keep the fire station parking dedicated to firefighters
needing to respond quickly to a major callback.
In response to Councilmember Pust
if additional parking was needed for firefighters, Mr. Hutson noted that
supplemental parking would be available for firefighters hose responding later
or after emergency equipment was out of the building and the initial emergency
response was no longer an issue.
At the request of Councilmember
Johnson, Mr. Hutson noted that this was rationale in not incorporating the
License Center as a partner in this building, in addition to overall parking
needs not able to be addressed on this limited space, and potential concerns
for cross traffic with License Center traffic and emergency response vehicles.
Chief O’Neill noted that the Fire
Department averaged forty (40) firefighters on any callback for major events,
with forty-nine (49) responding to the recent apartment fire. Chief O’Neill
advised that most important concern was getting apparatus out the door; and
parking could be found elsewhere or on the site once the apparatus was out.
Chief O’Neill noted that the current License Center was approximately 3,400
square feet, and incorporating it into the fire station was deemed to not be a
good fit. In addition to the public coming and going with emergency vehicles
as addressed by Mr. Hutson, Chief O’Neill noted that on the west side of the building
in the training area for shifts, firefighters would be laying hose, and
practicing engine and ladder operations. Chief O’Neill noted that, while he
had heard suggestions to push the building further to the south, it was already
up against the retention pond, in addition to addressing grade issues, with
current design grades allowing for maximum clearance for the medic unit and one
engine to avoid hitting the tailboards; in addition to considering winter
weather and slippery driving conditions.
At the request of Councilmember
McGehee, Mr. Hutson and Chief O’Neill provided rationale for not proposing a
parking ramp due to minimum costs of approximately $50 per square foot, as well
as efficiencies lacking in a smaller ramp and distances required to get to the
upper level at a safe slop, as well as inability to find a suitable connection
with the rest of the building’s flow. Regarding Councilmember McGehee’s
suggestion in locating staffing functions over the apparatus bay, Mr. Hutson
reviewed the discussions related to that consideration, and rationale in determining
that it would serve to impact response times as well as negatively impacting
the desire for fire department interaction with the public and use of the
building for medical screening functions and other contact opportunities.
Councilmember McGehee opined that
the square footages proposed for this building were very spacious and gracious;
and further opined that the space being vacated by the Department in City Hall could
be used for civic functions as well as at the fire station.
Mayor Roe suggested that
discussion on the floor plan be deferred for future discussions.
Further discussion included ADA
compliance in the building, with an elevator planned either way; and
availability of two (2) spaces for medical emergency parking for citizens with
availability of an access buzzer, with those two spaces not blocking the apparatus
bay in the proposed site plan.
Mr. Hutson advised that it was the
recommendation of the design team that the City Council consider the Green
Globe certification approach for the building.
At the request of Mayor Roe, Chief
O’Neill advised that the next step would be a return by the design team at the
November 21, 2011, City Council meeting to present a floor plan of the interior
of the building, the bays and mezzanine level; and a first look at building
exteriors and design features and its connectivity to the City Campus.
Following City Council feedback and revision of plans to make those
adaptations, Chief O’Neill advised that they would return on December 5, 2011
for Council review of those revisions; and then back on December 12, 2011 for
Concept Plan approval and Phase II contract approval. During the holiday
break, the design team would prepare design documents to facilitate a construction
schedule for next spring, with bid packages anticipated in mid-March and
mid-April to achieve the best construction timing possible.
Councilmember Willmus requested
that before returning to the City Council with a Preliminary Site Plan, the
design team provide dimension of scale; and ballpark estimates for the various
sustainable design options on a per foot basis and additional costs per foot
for each option.
Design Architect David Acomb,
AIA, LLE AP, Public Safety Designer with The Stony Brooke Design Studio, reviewed
the four (4) levels for LEED and/or Green Globes designs, and cost differences
among and between those levels; noting that the geothermal process would
provide a basis already for the sustainability feature.
Councilmember Pust asked that
representatives of the design team tour the recently-completed Ramsey County
Library in Roseville that had received high LEED certification; and advised
that she would be supporting LEED certification to put the City in a leadership
role for other developers. Councilmember Pust advised that she would also be
interested in talking to representatives of Ramsey County on steps they took to
reduce costs of LEED certification.
Chief O’Neill advised that the
design team would tour the library.
In response to Councilmember
Pust’s tongue-in-cheek question on where the Fire Department would hold future
Booyas, Chief O’Neill advised that the event had been moved in 2011, quite
successfully, to the adjacent VFW site, and it was being considered to continue
that partnership over the next few years at a minimum during construction.
In response to Councilmember
Pust’s request that the current building’s history be celebrated in the new
facility since it had been around even longer than the City, Chief O’Neill
advised that discussions included that history in the training towers, as well
as providing history walls of former firefighter photos and the department
throughout its 67-year history; intending to build off the recent farewell ceremony.
Councilmember Johnson stated that
he would be taking the opposite stance from that of Councilmember Pust, since
the design team included some of the foremost LEED experts in the nation,
questioning what added value LEED certification would have for Roseville
residents, if sustainable construction was used, but no third-party
certification provided. Councilmember Johnson asked that such a discussion be
included going forward; and concurred with Councilmember Willmus’ request for
square footage comparisons, including the cost differences for Options 2 and 3
for Green Globe and significant differences in those two (2) levels.
Councilmember McGehee stated that
she would argue the other side for LEED certification; and would like to see
how this fits into the overall City Campus plan; how to save on the space and
cost by utilizing other features already on campus and make them available to the
fire station and make fire station facilities available to the entire campus
(e.g. training and exercise equipment and areas on campus) as well as making
them available to all staff and the public for other programs. Councilmember
McGehee suggested that the License Center be brought back to City Hall in the
fire administration offices vacated; and advised that she was not impressed
with the comment that the current site design provided a nice site line to City
Hall’s front door, she wanted to see parking utilized and productively
campus-wide. Councilmember McGehee expressed her agreement with Councilmember
Pust in supporting third-party certification; and her comments that the library
had received considerable attention, and opined that the City should seek that
leadership attention as well. Councilmember McGehee further opined that she
would prefer to see money spend on LEED Certification and save money on better
utilization of current and future space such as resolving access issues for others
to use the Police Department exercise area; and to make this addition to the
City Campus more synergistic and functional in the best arrangement for
Roseville citizens.
Chief O’Neill concurred that
citizens should receive the best and most functional building and campus
available; however, he noted the need to accommodate the safety and needs of
the firefighters serving the community as well; and assured that the design
team was seeking to balance that into the new station.
Councilmember Johnson suggested
that individual Councilmembers and members of the public provide their ideas to
Chief O’Neill for consideration by the design team prior to their next
appearance before the City Council and in order to allow them to consider that
feedback and address those issues or concerns.
At the suggestion of City Manager
Malinen, Chief O’Neill advised that before going too much farther, the design
team would need City Council direction on their desired sustainability approach
and the level to be incorporated into the final plan; noting that the earlier
that crucial decision was made in the design process, the better and more
cost-effective the design.
By consensus, and at the
suggestion of Mayor Roe and Councilmember Pust, the design team was asked to
consult with a representative of Ramsey County on any sustainable design pitfalls
they encountered with the Library project; and to obtain feedback from the City
of Eagan on their recent fire station construction as well, and specific to the
level of sustainable design and certification that made the most sense and was
of the most benefit for the community.
Mayor Roe opined that using a sustainable
approach made sense; however, his main objective was not to receive a plaque to
prove it since there was an associated cost for that certification; and prior
to his support for LEED certification at the upper level, he would want to
understand rationale in doing to and get buy-in from the community. Mayor Roe
suggested that this would be a good discussion for the November 21, 2011, City
Council meeting.
Bossart Corporation
Construction Manager representative Steve Kilmer and Project Manager Tim Ginter
provided additional discussion ensued regarding chain of control requirements
for LEED certification versus Green Globe certification.
15. Public Hearings
16. Business Items (Action
Items)
a.
Consider Presumptive Penalty for Alcohol Compliance Failure by Good
Earth Restaurant
Roseville Police Lt. Lorne Rosand
provided brief summary of the process used for all compliance checks in 2011,
with example documentation for those steps included in each RCA, respectively
dated November 14, 2011. Lt. Rosand noted that there were sixty-two (62)
license holder checks in the spring with no compliance failures;, with another
sixty-two (62) held on two dates in September of 2011, with four (4) failures,
currently before the City Council.
Lt. Rosand reviewed specifics of
Good Earth Restaurant’s compliance failure; and advised that representatives of
Good Earth were present tonight.
Ms. Donna Fass, one of the
principle partners and representing Good Earth was present, having been
associated with the firm almost since their inception. Ms. Fass assured
Councilmembers that they took seriously the training and education of their servers
and in being a good community member. Ms. Fass admitted to her anger,
embarrassment and disappointment in this compliance failure; and their internal
checks and balances in operations, as well as determining how this failure
happened given their training emphases. Even though understanding the human
element, Ms. Fass sincerely apologized to the City Council and assured them
that the Good Earth, and their parent organization, Parasol Holdings took the
failure seriously; and expressed the availability of Good Earth to do whatever
the City Council deemed necessary for this situation. Ms. Fass introduced the
others from Good Earth present with her tonight, including the Assistant Manager
on Duty that night, and the Serve who had served the minor; noting her
rationale in all attending and taking their personal responsibility seriously
and in seeking the City Council’s forgiveness.
The Assistant Manager on Duty,
Cindy, expressed her personal and sincere apology for the failure and her
regret that legal requirements were not complied with; noting that this was not
typical of performance at Good Earth, when they had not failed in over ten (10)
years; and expressing her personal shock that it had occurred.
Ms. Fass introduced the Server, Maggie,
and advised that she had been suspended for one (1) week; and was now
responsible for training other employees on the importance of checking identification;
and reiterating the need for alcohol awareness and postings on site.
On behalf of the City Council and
the community, Mayor Roe expressed appreciation for the firms’ conscientious
training and their commitment to not serving minors.
At the request of Councilmember
McGehee, Ms. Fass confirmed that the Good Earth required servers to card anyone
under age 40; as well as posting that information throughout the establishment.
Pust moved, Johnson seconded,
approval to allow the Roseville Police Department to issue and administer the
presumptive penalty as set forth in Roseville City Code, Section 302.15 for alcohol
compliance failure by Good Earth Restaurant.
Councilmember Johnson expressed
his patronage and support of Good Earth, along with Councilmember Pust.
Councilmember Johnson noted that, while he supported them as an institution in
Roseville, as a City Councilmember he also had a responsibility to uphold.
Councilmember Johnson expressed appreciation for the candor and honesty of
those representing the Good Earth; and expressed his belief in their sincerity;
and applauded their actions in appointing the Server in the role of educator
for other employees, since she was now very aware of the consequences; and
expressed his appreciation for her attendance tonight as well.
Councilmember Willmus also thanked
those in attendance for their representation of Good Earth; and for their
acknowledgement of the seriousness of this issue and the steps they’d taken to
ensure it would not occur again.
Mayor Roe noted that since all
sitting Councilmembers appeared to be under 40, they would all expect to be
carded at their next visit to the restaurant.
Roll Call
Ayes: Willmus; Pust;
Johnson; McGehee; and Roe.
Nays: None.
b.
Consider Presumptive Penalty for Alcohol Compliance Failure by
Chili’s Restaurant
Lt. Lorne Rosand reviewed
specifics of Chili’s Restaurant compliance failure as detailed in the RCA dated
November 14, 2011; noting that representatives of Chili’s were also present.
Chili’s Area Representative Manager
Aaron Keske apologized to the City Council and the community; noting that, to
his knowledge as a thirty (30) year Roseville business, this was their first
failure. Mr. Keske stated that Chili’s took their alcohol training and service
very seriously; and that while the Server (Chelsea Wright) had received
training and carded the compliance checker, for some reason, had obviously not
read the identification correctly; since Chili’s standard was that anyone under
the age of 25 had to double-checked by the Manager on Duty, based on Chili’s no
tolerance regulations. Due to this infraction, Mr. Keske advised that this
long-time employee of Chili’s had been let go following this compliance failure.
Mr. Keske advised that when the City initially put this new code in place in
2010, he had worked with the General Manager at that time; however, he noted
that Chili’s Manager on Duty Manager that evening (David Van Ness) had taken
over in January of 2011. Mr. Keske recognized his personal failure in
sufficiently communicating with Mr. Van Ness the scheduling for server
training, with Mr. Van Ness under the impression that training was done
once/calendar year, and he had planned to do so with all servers in October of
2011. Mr. Keske apologized for falling short of the City’s expectations and
their own standards; and reiterated that this was not meant to be an excuse,
but simply an explanation; and that Chili’s would accept the consequences, at
the City Council’s discretion, for this failure. However, he reiterated that
Chili’s did take server training seriously; with recertification now scheduled
to be done each January for current employees, with new employees receiving the
training upon hire. Mr. Keske again apologized for this failure.
Even though the consequences seemed
harsh to her, Councilmember McGehee expressed her appreciation of Chili’s no
tolerance policy; and suggested posting at the site to calculate ages of
patrons and driver’s license years if that would help.
At the request of Councilmember
McGehee, Lt. Rosand confirmed that the underage compliance checker was 20 years
old; and clarified that under-age driver’s licenses and identification clearly
stated the age of the person; with concurrence by Mr. Keske.
Mr. Van Ness, as General Manager
at Chili’s, also expressed his personal apology; and as the Manager on Duty
that night, expressed his initial shock when told by the bartender that they
had failed the sting; when policies were clearly in place and the server had
received the training. Mr. Van Ness reviewed the multiple places listing dates
of those ages 21 and under that was very visible to servers; and the regulation
that anyone under 25 needed to be double-checked by the Manager on Duty; and noted
that on that night, neither of those was followed by the server.
Councilmember Johnson complimented
Mr. Keske and Mr. Van Ness on their demeanor in coming forward tonight; and for
recognizing the issue; and expressed confidence and his favorable impression in
Chili’s initiative to change their training to January. Councilmember Johnson
recognized that mistakes happen; however, he opined that the City Council could
not afford to have them happen in its community.
Johnson moved, Willmus seconded,
approval to allow the Roseville Police Department to issue and administer the
presumptive penalty as set forth in Roseville City Code, Section 302.15 for alcohol
compliance failure by Chili’s Restaurant.
Roll Call
Ayes: Willmus; Pust;
Johnson; McGehee; and Roe.
Nays: None.
Mayor Roe noted, specific to this
request as well as several others, there remained the question of training
violations as addressed in the RCA, lines 31-32 regarding violation of City
Code, Section 302.08 for Manager and Server Training and failure to comply with
that provision being sufficient grounds for denial or non-renewal of a
requested license in 2012. Mayor Roe consulted City Attorney Bartholdi on
whether additional notice, beyond that of tonight’s meeting, was required to
alert the firm of this potential denial.
City Attorney Bartholdi
recommended additional notice specific to that offense for Section 302.08;
since the initial notice on the Public Hearing was sent to all license holders
and was specific to renewal, not specific to this actual sale violation.
If the City Council chose to
direct the City’s Finance Department to provide that additional notice, City
Manager Malinen asked that they specifically direct staff to do so; to provide
notice to applicable license holders of the City Council’s intent to consider
denial or non-renewal specific to this code violation.
Further discussion ensued
regarding the notification process for this violation, as a recent revision to
City Code; and the opportunity to consider other forms of penalty for
violations.
McGehee moved, Johnson seconded,
that no further penalty be given to Chili’s for violation of Section 302.08
(Manager and Server Training); and accepting the new trainer program to be put
in place.
Councilmember Johnson advised that
the only reason he was supportive of this motion was due to his recognition
that the Chili’s Manager had only been on board for a number of months, not
years, at the time of violation; and that he was giving Chili’s the benefit of
the doubt and anticipating that the District Representative for Chili’s would
be more in tune with individual community expectations of their license holders
in the future.
Roll Call
Ayes: Willmus; Johnson;
McGehee; and Roe.
Nays: None.
Abstentions: Pust.
Motion carried.
Councilmember Pust advised she was
unable to vote without additional information available.
c.
Consider Presumptive Penalty for Alcohol Compliance Failure by
Smashburger’s Restaurant
Lt. Rosand reviewed specifics of
compliance failure at Smashburger’s Restaurant; and noted that General Manager Michele
Wozniak was present tonight.
Ms. Wozniak apologized; and
advised that she was not present when the violation occurred; however, she
noted that she had received Safe Serve training qualification; and that the
Server had also signed off on the training; and standard practice was to card
all patrons under 40 years old. Ms. Wosniak opined that the server (Lindsey)
had apparently made a personal decision not to comply; but assured
Councilmembers that this was not the policy of Smashburger; and that the establishment
was clearly posted as well as their computer software requiring a response by
the server as to whether they had carded the patron when punching in a drink
order. Ms. Wozniak advised that Serve Safe audits were conducted
semi-annually; and that since this violation, she had reviewed documentation
for all employees and had them sign off on Roseville Police Department
training.
At the request of Councilmember McGehee,
Lt. Rosand reviewed the ten-page training of the Police Department; references
to rationale for that training; specifics on alcohol use; State Statues,
Roseville City Code and civil liability issues; and how to check identification
and manager responsibilities. Lt. Rosand advised that the information he had
received from Smashburger was included in tonight’s Council Packet (Attachment
D) for Council review; and retained his position that their guidelines failed
to meet the same standards outlined in city-provided training.
At the request of Councilmember
McGehee, Ms. Wozniak reviewed Safe Serve training and documentation; and opined
that while she thought the training was similar, her failure had been in having
good documentation available, which she had attempted to rectify going forward.
At the request of Councilmember
Johnson, Lt. Rosand noted that, while dramatic changes had been made to City
Code regarding alcohol compliance, management and owners had received updated
criteria in the cover letter sent to each license holder by Chief Mathwig in
March of 2011, alerting them of upcoming stings had also referencing materials
and documents and their availability on the City’s website in PDF format or
through the Police Department; in addition to private vendors doing training
approved by the City.
At the request of Councilmember
Johnson, Ms. Wozniak advised that she had received this packet of information.
Johnson moved, McGehee seconded, approval
to allow the Roseville Police Department to issue and administer the
presumptive penalty as set forth in Roseville City Code, Section 302.15 for alcohol
compliance failure by Smashburger’s Restaurant.
Roll Call
Ayes: Willmus; Pust;
Johnson; McGehee; and Roe.
Nays: None.
Pust moved, McGehee seconded,
directing staff to provide notice to Smashburger Restaurant of the City
Council’s consideration of possible license non-renewal or denial, or other
actions as outlined in City Code, for failure to comply with Section 302.08 related
to training.
Roll Call
Ayes: Willmus; Pust;
Johnson; McGehee; and Roe.
Nays: None.
d.
Consider Presumptive Penalty for Alcohol Compliance Failure by Marriott
Courtyard Restaurant
Lt. Rosand reviewed specifics for
Marriott Courtyard’s failure to comply, as detailed in the RCA dated November
14, 2011; noting that this was the establishment’s second violation in 36
months; and advised that a representative was present tonight.
General Manager Alan Harris
advised that he had just taken over as General Manager of this property four
(4) weeks ago; and the first thing he received on his first day there was
notice of this violation. Mr. Harris offered his sincere apologies and stated
that this was obviously not their standard; and that the firm took it very
seriously. Since he was not present when the violation occurred; however, he
reviewed Marriott’s three (3) forms of training and an annual audit of that
training performed by the parent company. Mr. Harris advised that the Server
(Patricia Goetz) had received the training; and was a seven (7) year veteran of
the firm, and while knowing better, had apparently made an identify mistake
that evening. Mr. Harris advised that the employee had been put on final
warning, since she had no previous issues. Mr. Harris recognized that
everything had consequences and advised that he was not here to argue the fine,
but just to assure the City Council that he was committed to make it better.
Mr. Harris opined that the previous General Manager may have gotten too
comfortable; and for his personal edification, had taken initiatives to ensure
everyone was recertified with their training. Mr. Harris reiterated the
Marriott’s apology; and expressed their interest in keeping the good
relationship with and in the community; and advised that they would do what was
needed to be compliant.
Johnson moved, Pust seconded,
approval to allow the Roseville Police Department to issue and administer the
presumptive penalty as set forth in Roseville City Code, Section 302.15 for alcohol
compliance failure $2,000 fine and 5 day suspension) by Marriott Courtyard
Restaurant; based on this second violation within thirty-six (36) months.
Roll Call
Ayes: Willmus; Pust;
Johnson; McGehee; and Roe.
Nays: None.
Discussion included actual
training signed off in July of 2006, and specific and previous server
violations within the last 36 months and how that violation occurred with the
employee filling in for the bartender and not typically serving as one of their
duties; and notifying establishments that while General Manager’s may change,
the City of Roseville requires Manager/Server training annually.
Johnson moved, Willmus seconded,
directing staff to provide notice to the Marriott Courtyard establishment of the
City Council’s consideration of possible license non-renewal or denial, or
other actions as outlined in City Code, for failure to comply with Section 302.08
related to training.
Roll Call
Ayes: Willmus; Pust;
Johnson; McGehee; and Roe.
Nays: None.
e.
Consider Approving 2012 City Council Meeting Schedule
Johnson moved, Willmus seconded,
approval of the 2012 City Council Meeting Schedule as presented.
Roll Call
Ayes: Willmus; Pust;
Johnson; McGehee; and Roe.
Nays: None.
17.
Business Items – Presentations/Discussions
a.
Discuss Allocation of Bonds
City Manager Malinen briefly
summarized the RCA dated November 14, 2011; and staff level discussions on this
first portion of the bond issue; as well as subsequent bond issues that won’t
have such a time constraint.
Councilmember Willmus, noting that
he had requested this additional discussion, thanked staff for their comments
detailed in the report; and noted his suggestion to split this first bond issue
equally, with $5 million for parks improvements and $5 million for the fire
station. Councilmember Willmus noted that the parks implementation process had
identified over $5 million in needs for the first year of implementation, thus
creating his rationale in this equal split.
Councilmember McGehee expressed
her personal interest in having had this information available for initial
discussions; and asked that next week’s packet include a schedule of “spend by”
dates. Councilmember McGehee spoke in support of the $8 million and $2 million
allocation as suggested by staff; allowing for additional review in April of
2012 for additional funding at that time.
Councilmember Pust opined that
this appeared to be a wrestling match between two departments; and since both
Department Heads were currently in the room suggested that they provide input.
Mayor Roe noted that itemized
costs were presented previously in the Park Master Plan Implementation plan
over the next five (5) years.
Councilmember Pust recognized that
she apparently had struck a nerve; and opined that the presentation was
estimates, not direct costs; and questioned if it was necessary for the two departments
to compare items. While recognizing that the monies would all get spent,
Councilmember Pust suggested that additional discussion was needed in a public
format, since this was a significant amount of money; and if there was
competing interests in the City, the public should be privy to that discussion.
Councilmember McGehee reiterated
concerns expressed at previous meetings that this whole process was out of
sync.
Mayor Roe stated that there was
not competition, just an allocation of projects being funded with this initial
bond issue; based on staff’s perspective and staff-level discussions. Mayor
Roe noted that, as staff indicated in their report, if the City Council chose
to provide equal funding to the two (2) different projects at this point in
time, there would be no issues with the projects, with arbitrage or the IRS.
Councilmember Johnson advised that
he intended to support both projects to their fruition; and noted that while
the Fire Station was estimated at $8 million total; the total parks allocation
was estimated to be $19 million.
Councilmember Willmus concurred,
noting that they were all City needs, just differing opinions in how best to
allocate this first $10 million issue; and opined that by splitting it 50/50,
it was not putting one department ahead of the other; and since both
departments continued to perform their due diligence with their identified
projects; the Fire Department had admitted that they would not be spending $8
million between now and the first half of 2012.
Councilmember Pust stated that, if
this was the only public discussion before allocation, she needed the itemized
list of park projects and their estimated costs read into the record; with City
Manager Malinen proceeding to do so
Mayor Roe noted that this City
Council-approved plan was presented and approved on October 10, 2011.
Noting the land acquisition costs
included in this list, Councilmember Pust stated that she had an issue with
that; opining that the City Council couldn’t just arbitrarily decide they were
purchasing land for a certain dollar amount without public discussion or determination
of whether it was available or without an appraisal. Councilmember Pust noted
that there had yet to be any discussion with the School District, so why would
the City want to set aside money for land purchases from them. Councilmember
Pust noted that, when the parks allocation came forward, discussion was related
to using it for maintenance of what the City currently had, and opined that it
would be a mistake to use money upfront for parkland acquisition instead of
using it for maintenance of current facilities.
Councilmember McGehee concurred
with Councilmember Pust; stating that she was against this initially and
continued to be opposed without additional public hearing. Councilmember
McGehee noted that the City had a long history of not maintaining its parks and
facilities; and to take two (2) parcels off the tax rolls and not ask public
opinion on spending their taxpayer monies to do so, and then turning around and
asking them to pay for maintaining more parkland and facilities, created a huge
issue for her.
In response to Councilmember
McGehee’s comment on the City’s tax based, Councilmember Willmus noted that
school properties were not included on the City’s tax rolls.
Johnson moved, Willmus seconded,
formally allocating the 2011 Bond proceeds fro the construction of a new fire
station and park improvements; based on staff recommendation that $5 million be
allocated for the fire station, and $5 million for the park improvements for
this initial funding package.
Mayor Roe noted that the plan
going forward was more than $5 million for parks, and the fact that having $5
million available for the first issue didn’t ensure all projects listed would
be done before the next issue.
Councilmember Pust asked if Mayor
Roe was stating that the public could not rely on the money being spent on the
itemized list read into the record earlier by City Manager Malinen.
Mayor Roe clarified that this was
not his statement and that his intent was to note that the City Council
approved their support of over $5 million in park improvement projects; and
that the next bond issue would provide additional funding for further expenditures;
with first dollars in and first dollars out.
Councilmember Pust reiterated that
the first $5 million was intended for park-related improvements and maintenance
according to the list.
City Manager Malinen concurred;
however, he noted that if savings could be found for some of those projects
now, it would allow more funding for other projects; and expressed hope that
the City Council remained receptive to working off the total menu of park
improvements outlined through the Master Plan implementation process.
Councilmember Pust stated that the
public needs to know where the $5 million was intended to be spent; and they
should be able to rely that it will be spent accordingly; and if more money was
to be spent later, it was a different question, including $1.6 million
designated toward new land purchases.
Mayor Roe concurred; however, he
noted that the costs were estimated; and similar to the fire station, the City
was attempting to allocate funding toward those purpose based on the best information
available.
Recognizing the subsequent costs
of the projects, City Manager Malinen noted that, while they may appear out of
sync, the process was being accelerated to issue the $10 million in 2011, with
additional issues in 2012 and 2013, to take advantage of a projected $1 million
in interest savings for the overall expenditures through the smaller annual
issues being bank qualified.
While recognizing the intent,
Councilmember Pust stated that her concern was in how the $5 million was being
spent, with $1.6 designated for new land.
City Manager Malinen noted that
any land purchase would need City Council approval.
Councilmember Pust reiterated that
her concern was that purchasing new land was not maintaining what the City
currently had; and this was different than how this was publically addressed in
the past.
Mayor Roe opined that the overall
plan was for efficient management of the City’s park system resources, and that
the term “maintenance” did not address that overall management plan. Similar
to upcoming utility fee discussions and vehicle/equipment funding, in addition
to mechanisms in place for the City’s PMP, Mayor Roe stated that a portion of
that resource management was based on the Park Master Plan and purchase of land
adjacent to two (2) existing parks that could add capability to those parks and
make them a better community resource. Mayor Roe opined that there may be an
opportunity for those acquisitions next year, and as part of managing the
resources, this was the rationale for coming forward at this time; and further
opined that this discussion had been part of the public implementation process,
with this itemized list having been available since its approval in October on
the City’s website
Councilmember McGehee opined that
she was finding it unpleasant to hear this discussion, and further reiterated
her comments from previous meetings regarding her perceptions on the actual
public support for parks and facilities; and further opined that adding new
buildings to an already over-burdened system was not prudent; and the entire
process didn’t show favorably on staff for bringing it forward.
Roll Call
Ayes: Willmus; Johnson; and
Roe.
Nays: Pust and McGehee.
Motion carried.
b.
Discuss City Council Liaisons and Rules
Discussion was held on the current
City Council Liaison positions (Attachment B) presented; and corrections made
(e.g. Councilmember Pust is now the RCLLG liaison with Councilmember Johnson
the alternate; Mayor Roe no longer serving on the Parks and Recreation Master
Plan group as it no longer exists; removal of Councilmember McGehee from the
GLWMO Stakeholder group now disbanded); and whether it was appropriate for Councilmembers
to serve on those groups as a liaison when it could be a conflict of interest
with their decision-making role.
Discussion continued as to a City
Council liaison to School Boards for District No. 621 and No. 623; previous
annual meetings with School Board No. 623; and the need to have a roundtable
discussion with the Boards, specifically related to park implementation and
shared resources.
Councilmember were of a consensus
to direct staff to extend an invitation to both School Boards to arrange for
such a joint discussion.
Mayor Roe suggested that
individual Councilmembers consider other groups not currently listed that they
would like to liaise with; and to bring that information to the attention of
City Manager Malinen for further City Council discussion before January.
Councilmember Willmus offered his
interest to Mayor Roe in serving on the HRA if Councilmember Pust would like to
step down from that role.
Councilmember Pust offered to step
back from her role with the RCLLG if anyone else was interested in serving in
that capacity.
c.
Discuss Rule #5 of the City Council Rules of Procedure regarding
Video Presentations
City Manager Malinen reviewed
previous requests for video presentations to the City Council and the current
lack of a policy to determine how, when, why, what to ensure consistent application
for someone stepping up with some kind of other media.
As a general request to staff,
Councilmember Pust requested that staff reports and documents include page
numbers; and Mayor Roe concurred, also requesting that they include line
numbers for reference during discussion.
Some discussion ensued regarding
how and when to allow video or electronic presentations, whether during public
comment or specific action items to provide additional information; how to
avoid personal platforms being presented during public meetings outside the
realm of City business; if and how electronic media could be used as part of or
in place of public testimony (e.g. County Road C-2 discussions); limitations on
when those presentations would need to be submitted for inclusion in a meeting
packet or for review at a meeting; how materials could be rated before shown
publicly in keeping with proper meeting decorum; the need to use caution in
using this type of media, while desiring to accommodate those who may be sick
or incapacitated and unable to attend a meeting but still wanting their
testimony heard; the type of equipment needed and media able to be presented;
and the need for a policy based on the need of the general populace, not just
addressing the minority of people who may have ulterior motives.
Councilmember McGehee volunteered
to work as a subcommittee on this issue for future discussion and consideration
by the City Council as a whole.
Mayor Roe asked that individual
Councilmembers submit their comments to Councilmember McGehee.
d.
Discuss Legislative Agenda
Mayor Roe noted the anticipated
attendance of the City’s legislative delegation at the December 5, 2011
Roseville City Council meeting; and suggested that it would prove opportune for
the City Council to discuss a local sales tax prior to that meeting.
City Manager Malinen provided
staff’s perspective and agreement with current League of Minnesota Cities (LMC)
legislative policies on a broader level and in the best interests of Roseville;
and suggested other potential topics for discussion when the legislative
delegation attends the December 5th meeting; in addition to
discussion of the local option sales tax at the City Council’s discretion. Mr.
Malinen noted that the Parks Implementation Team had indicated that as one of
their funding options.
Councilmembers Willmus and Johnson
spoke in support of continuing to look at the local option sales tax.
Councilmember Johnson noted that
this option would help to defer a significant amount of the cost of bond issues
and their payback to other stakeholders visiting and shopping in Roseville and
using community amenities such as streets and parks, rather than just
specifically Roseville taxpayers. Councilmember Johnson noted that the last
time it was brought forward, there was not sufficient time to make the decision
based on the available information at that time; and asked that staff provide
those materials in a timely fashion to facilitate the discussion at this time.
In prepping legislators for the
December 5th discussion; Councilmember Pust requested that they be
asked for an update on their support for the public transit system in Roseville
and inclusion of Roseville on Metropolitan Council maps and plans; as well as
addressing environmental quality issues in terms of waters and state plans to
help local government protect waters in their communities.
Mayor Roe concurred that this
would be a good opportunity to follow-up with the transit issue.
At the request of Mayor Roe, City
Manager Malinen provided a brief update on his work on the LMC Board’s Fiscal
Futures Committee to carry legislation allowing for cities to put forward a
local option sales tax, subject to voter referendum, without first getting the
blessing of the legislature. Mr. Malinen advised that this would provide a
funding source for a menu of capital items – not necessarily operations and
rolling stock.
e.
Discuss an Ordinance Amending Chapter 501 Relating to Appeals Process
for Potentially Dangerous Dogs
Lt. Lorne Rosand and Chief Mathwig
provided a background and summary of this request as detailed in the RCA dated
November 14, 2011; noting that there had previously been no review process in
place to determine potentially vicious or dangerous animals; with subsequent
review by the City Attorney with revisions as presented.
Discussion included who makes the
determination if a potentially dangerous versus a dangerous animal (City
Attorney and Police Chief); the documentation process in place for that
determination in accordance with State Statute and City Ordinance; off-property
and on-property totality of experiences taken into consideration in making a
determination; and the appeal process and dictates of State Statute in who that
hearing officer could be, with the City Council not being designated; but
rather an official animal control officer or their designee.
Further discussion included costs
for an independent hearing officer; and the preference for an appeal right in
recognition of former Councilmember Kough’s passionate concern with this issue;
with State Statute requiring that the hearing officer be an impartial employee
of the local government or a person retained by local government to conduct the
appeal hearing, and consistency of City Ordinance with State Statute.
Chief Mathwig recommended that the
City continue to work with the Humane Society to determine aggressive animals
as the best course of action; and noted that their representative had agreed to
perform the services pro bono for the City of Roseville; and could also
designate someone else qualified within the Human Society. Chief Mathwig
opined that this would provide experts to make the ultimate determination.
Pust moved, Willmus seconded, adopting
revisions to City Ordinance 1420 (Attachment A) entitled, “An Ordinance Adding
Title Five, Section 501.16 C2 Regarding a Review Process for Potentially
Dangerous Dog Determination and Amending Title Five, Section 501.16 G to Add An
Appeal Process for Potentially Dangerous Dog Determination;” as discussed and grammatically
corrected (line 17, replace semi colon with comma).
At the request of Mayor Roe, City
Attorney Bartholdi advised that lines 51-53 on page 2 represented a
city-generated statement to identify where the Statute should go, but that it
was not an official part of the ordinance.
Roll Call
Ayes: Willmus; Pust;
Johnson; McGehee; and Roe.
Nays: None.
18.
City Manager Future Agenda Review
City
Manager Malinen reviewed upcoming agenda items.
16. Councilmember-Initiated
Items for Future Meetings
Councilmembers
Johnson, Willmus and Pust asked that the City Manager direct staff to provide
additional documentation related to their servers and their training status for
those alcohol license holders being considered for potential non-renewal or
denial for the upcoming public hearing.
19.
Adjourn
Johnson moved, Willmus seconded,
adjournment of the meeting at approximately 9:52 pm.