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City Council

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


64389 – 64597





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:



Type of License

Randy’s Environmental Services

P. O. Box 169; Delano, MN

Solid Waste Hauler

Massage Envy; Rosedale Commons, Suite #140

Massage Therapy


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:








Ranger GM

Unmarked Police Vehicle




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. 


  1. 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.