City
Council Meeting Minutes
March 12, 2012
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 March: Johnson; Pust; McGehee; Willmus;
and Roe). City Attorney Mark Gaughan was also present. Mayor Roe announced
that Councilmember Bob Willmus was excused due to vacation and Councilmember
Johnson was excused due to ill health.
2. Approve Agenda
McGehee moved, Pust seconded
approval of the agenda was approved as presented as amended.
Roll Call
Ayes: Pust; McGehee; and Roe.
Nays: None.
Commission Interviews
Beginning at approximately 6:05 pm
until approximately 7:45 pm, City Council members and applicable Commission
Chairpersons interviewed applicants to various City Advisory Commissions.
Applicants included: Nancy
O’Brien (Ethics); Nolan Wall (Parks and Recreation); Austin Anderson (Parks and
Recreation and Planning); Shannon Cunningham, Gerald Olsen, and David Pitt (Planning).
Recess
Mayor Roe recessed the commission interview portion of the meeting
at approximately 7:45 pm and reconvened in regular session at approximately 8:02
pm.
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.
4.
Council Communications, Reports, Announcements and Housing and
Redevelopment Authority (HRA) Report
Mayor Roe announced an upcoming
community dialogue, sponsored jointly by the Human Rights Commissions of the
Cities of Shoreview and Roseville, with various topics related to elder abuse.
Mayor Roe noted that the seminars were scheduled for Monday, March 19, 2012,
and Monday, April 23, 2012 from 3:00 – 5:00 pm at the Shoreview Community
Center. Pre-registration is required for these free events, and light refreshments
will be served. To register, contact Tessa Melvin at Shoreview City Hall at
651/490-4613 or at t.melvin@sv.mn.gov
for more information.
Mayor Roe announced the upcoming
Roseville University, with seven (7) consecutive sessions scheduled from 6:30 –
9:00 pm and to begin on Thursday, April 12, 2012. Mayor Roe advised that this
seven (7) week free course (registration required) provided a fun, interactive
and informative way for citizens to receive a first-hand look at City operations
and departments, and encouraged sign-up at City Hall or via the City’s website.
5. 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 February 27, 2012 Meeting
Pust moved, McGehee seconded,
approval of the minutes of the February 27, 2012 meeting as presented.
Roll
Call
Ayes: Pust;
McGehee; and Roe.
Nays: None.
7.
Approve Consent Agenda
At the request of Mayor Roe, City
Manager Bill Malinen briefly reviewed those items being considered under the Consent
Agenda.
a.
Approve Payments
Pust moved, Roe seconded, approval
of the following claims and payments as presented.
|
ACH Payments
|
$683,380.57
|
|
65544 – 65661
|
542,452.94
|
|
Total
|
$1,180,833.51
|
Roll Call
Ayes: Pust;
McGehee; and Roe.
Nays: None.
b.
Approve Business and Other Licenses
Pust moved,
Roe seconded, approval of business license applications for the period of one
(1) year, for the following applicants:
|
Applicant/Location
|
Type of
License
|
|
Jimari Paige Brown at Massage Envy Roseville
2480 Fairview Avenue, Suite 120
|
Massage Therapist
|
|
LA Sisters, LLA; Har Mar Mall; 2100 N Snelling Avenue
|
Massage Therapy Establishment
|
|
Chun Liu, Jie Swanson at LA Sisters LLS; Har Mar Mall
|
Massage Therapist
|
Roll Call
Ayes: Pust;
McGehee; and Roe.
Nays: None.
c.
Approve General Purchases and Sale of Surplus Items Exceeding
$5,000
Pust moved, Roe seconded, approval
of the submitted list of general purchases and contracts for services presented
in detail on the Request for Council Action (RCA) dated March 12, 2012.
Roll Call
Ayes: Pust;
McGehee; and Roe.
Nays: None.
|
Department
|
Vendor
|
Description
|
Amount
|
|
Storm Sewer
|
Ess Brothers &
Sons, Inc.
|
Blanket P. O. for catch basins and manholes (replacing
existing in accordance with PMP)
|
$25,000.00
|
|
Streets
|
AAA Striping
|
|
11,769.38
|
d.
Award Contract for Engineering Services for an update to the
City’s Comprehensive Surface Water Management Plan
Pust moved, Roe seconded, approval
of an engineering services contract to S. E. H., Inc. in an amount not to
exceed $72,950 for engineering services for the Comprehensive Surface Water Manager
Plan Update.
City Manager Malinen noted that
the budgeted amount for the update was $100,000; and that the contract included
the base bid, as well as additional components for three (3) public meetings
and three (3) technical advisory meetings during the course of plan development
($2,000 additional cost); and assistance with developing a web presence on the
City’s website regarding protecting water resources ($1,000 additional cost).
Roll Call
Ayes: Pust;
McGehee; and Roe.
Nays: None.
e.
Certify Unpaid Utility and Other Charges to the Property Tax
Rolls
Pust moved, Roe seconded, adoption
of Resolution No. 10972 (Attachment A) entitled, Resolution Directing the
County Auditor to Levy Unpaid Water, Sewer and Other Charges for Payable 2013
or Beyond.”
Roll Call
Ayes: Pust;
McGehee; and Roe.
Nays: None.
g.
Authorization to Send Environmental Remediation Fund Letter of
Support
Pust moved, Roe seconded,
authorizing staff to send a letter to Roseville’s legislative delegation,
signed by the Mayor on behalf of the Roseville City Council, urging their
support for the continuation of the Environmental Response Fund (ERF) Program
with the passage of House File 113 and Senate File 772.
Roll Call
Ayes: Pust;
McGehee; and Roe.
Nays: None.
Mayor Roe suggested that staff
provide copies of the letter to legislative committee members (e.g. authors of
the bills and committee chairpersons) as well.
8.
Consider Items Removed from Consent
f.
Receive Authorization to Apply for COPS Hiring Program (CHP)
Grant
In recognizing previous
unsuccessful applications for this funding by the Police Department,
Councilmember McGehee questioned the amount of staff time required and whether
this application was worthwhile.
City Manager Malinen noted that
staff has gained some experience from previous applications and feedback; and
opined that the effort was worthwhile.
Councilmember McGehee noted that
the grant was specific to a commercial officer; however, she questioned if this
fit the actual needs of a commercial officer for Roseville’s needs.
Mayor Roe suggested that
Councilmember McGehee move to remove this item from the Consent agenda for
further discussion.
McGehee moved, Pust seconded,
removal of this item from the consent agenda for separate vote.
Roll Call
Ayes: Pust;
McGehee; and Roe.
Nays: None.
Councilmember McGehee noted that
it would be an ongoing problem if the grant funding was approved and an officer
hired, but then having to pay their full salary after the terms of the grant
had been met. Instead, Councilmember McGehee spoke in support of a commercial
officer funded in part by sources from commercial businesses.
Councilmember Pust clarified that
the requested action was to allow the Police Department to apply for a COPS
grant.
Mayor Roe supported the motivation
of a hiring program to hire veterans, and noted advantages from their
experience and training from direct or indirect military roles. However, Mayor
Roe noted that they still needed to be qualified to meet other requirements in
the State of MN; and if the City determined that they were willing to continue
supporting the position once grant funds had expired, the City Council then
make that determination, following a successful grant application.
Councilmember McGehee concurred
with Mayor Roe’s observations; however, she reiterated her concern in the
amount of staff time required to prepare and submit a grant application.
Pust moved, Roe seconded,
authorizing the Roseville Police Department to apply for funding through the
Office of Community Oriented Policing Services (COPS Office) under the COPS
Hiring Program (CHP) to add one (1) new position of full-time commercial patrol
officer to its roster.
Roll Call
Ayes: Pust; and
Roe.
Nays: McGehee.
Motion carried.
12.
General Ordinances for Adoption
13.
Presentations
a.
League of Minnesota Cities Insurance Trust (LMCIT)
Several League of Minnesota Cities
Insurance Trust (LMCIT) informational items were provided as a bench handout, attached
hereto and made a part hereof.
Three (3) representatives of the
LMCIT were present at tonight’s meeting.
Assistant Administrator of the
LMCIT Dan Greensweig, Senior Claims Officer Mark Rosso, and Underwriting
Manager Liam Biever
Dan Greensweig, Assistant
Administrator of the LMCIT
Mr. Greensweig thanked the City
Council for their invitation, and advised that it was his intent to provide an overview
of the LMCIT regarding claims; and answer any questioned of those functions for
the City Council on a broad basis, while not addressing specific claims.
Mr. Greensweig’s presentation
included a brief history of the LMCIT, established in 1980 and operating under
a Joint Powers Agreement (JPC); providing a list of current board members; and
the LMCIT organization itself with over 813 member cities and 361 other
entities in that membership. Mr. Greensweig reviewed the mission of the LMCIT,
noting that in general, losses took away from the primary mission and focus of
any city.
Mr. Greensweig reviewed property
and liability premium rates and the LMCIT’s attempt to provide member cities
with stability in their rates and stabilize premiums and claims; and help
cities become successful in addressing their loss control efforts. Mr.
Greensweig reviewed dividends to-date for the City of Roseville; Workers’
Compensation losses from 2007-2010 consisting of approximately 38% of the
City’s annual losses, followed by liability losses of approximately 31%, and
property losses of approximately 19%. Mr. Greensweig noted that the largest areas
of loss for most member cities were in Police Department claims (26%), followed
by land use claims (21%) and sewer back-up claims (11%).
Mr. Greensweig reviewed the
LMCIT’s strategic approach to loss control in researching claim data to
determine where losses were occurring and which of those losses were
preventable; what needed to change (e.g. practices, attitudes, documents, or behaviors);
and systematic approaches to define who needed help, what they needed, and how
best the LMCIT could deliver that help most effectively.
Mr. Greensweig reviewed loss
control initiatives of the LMCIT, with the addition of a retired sheriff on
LMCIT staff as a public safety loss control position to address police
department areas of improvement to reduce risk; a blanket membership for member
cities in the Minnesota Safety Council; land use incentives to reduce the
current $3 million spent annually in litigation; and PATROL, an on-line
training service for police officer that is POST-Board accredited and mandated
for officers, in which Roseville is a participant.
Mr. Greensweig reviewed other
opportunities for loss control through periodic training workshops, research by
the LMCIT’s various departments and staff attorneys for member cities, and
on-line training options.
Regarding claims, Mr. Greensweig
reviewed the LMCIT’s philosophy that its obligation was to pay what is owed,
while protecting public funds from frivolous or unsubstantiated claims. Mr.
Greensweig noted that the LMCIT was a self-insurance pool of cities, not a
for-profit business, and felt its duty to be responsive to member cities as
well as claimants.
Specific to sewer claims, of
current concern to the City, Mr. Greensweig noted that approximately 550
back-up claims were filed annually with the LMCIT, with approximately 1/3 of
those paid, and the other 2/3 denied. When denied, Mr. Greensweig advised that
the determination for those denials by the LMCIT were seldom if ever overturned
in the courts. Mr. Greensweig noted that the LMCIT was confident of where its
and member cities obligations lay and where they ended; with the LCMIT paying
on those for which they are responsible.
Mr. Greensweig reviewed how
negligence and that obligation are determined through four (4) elements: duty
of care, breach of duty of care, damage, and proximate cause. Mr. Greensweig reviewed
“discretionary immunity” based on MN Statute, Chapter 466.03, subd. 6, and why
discretionary immunity existed. Mr. Greensweig advised that this immunity
allowed decisions to be made locally, not by the court system, allowed city
officials to make decisions and exercise judgment or discretion and prioritize
resources, and weight competing factors: social, political, economic and safety
considerations.
Discussion among LMCIT
representatives and City Councilmembers included clarification of one of the
handouts on “no-fault back-up sewer coverage, which the City of Roseville does
not presently have and for which certain criteria must be met for a member city
to be eligible.
At the request of Councilmember
Pust, Mr. Rosso reviewed some of the types of eligibility criteria, including
claims history, maintenance and inspection records, past claims and city response
to address those claims, and availability of staff on cal to respond 24/7 to
lift station issues.
Councilmember Pust requested that
the LMCIT provide an analysis as to whether the City of Roseville would qualify
for this type of coverage.
Mayor Roe asked that City Manager
Malinen provide, from a City perspective, why the City of Roseville has not
pursued this no-fault coverage.
Historically, City Manager Malinen
advised that the coverage had been analyzed, but more recent analyses based on
the City’s deductable coverage indicated that it was not a good use of City
resourced.
Discussion ensued among LMCIT
representatives, City Manager Malinen and Councilmembers on the City’s current
deductable compared to annual aggregate caps, standard deductibles, and actual
value to the City in no-fault coverage.
With Mayor Roe opining that the
City Council needed to better understand the options before making an informed
decision, City Manager Malinen advised that staff would forward some of the
past analyses from previous City Council information.
Councilmember McGehee addressed
weather issues, based on her research and data currently used by the National
Weather Service dating only back to 1961. Councilmember McGehee opined that
weather patterns had changed significantly; and questioned impacts in the
aggregate for claims and the City’s liability. Councilmember McGehee asked for
average claims paid for sewer back-ups.
Mr. Biever advised that, while
each case varied, an average claim for clean-up of sewer water would be several
thousand dollars, but total loss would depend on whether or not a basement was
finished, furnishings, sheetrock damage, etc.
At the request of Councilmember
McGehee on the aggregate limit under the LMCIT’s no-fault sewer program and total
claims or pro rating of claims per loss or per incident, Mr. Rosso advised that
he would research that information and report back to the City Council through
City Manager Malinen.
Mayor Roe thanked LMCIT
representatives for their presentation and expressed his anticipation in their
follow-up to questions of the City Council.
14.
Public Hearings
15.
Business Items (Action Items)
16.
Business Items – Presentations/Discussions
a. Discuss Annual
Disclosure Filings
As detailed in the Request for
Council Action (RCA) dated March 12, 2012, and the Code of Ethics (Attachment
A), City Manager Malinen advised that part of the charge in Section 6 of the
Code of Ethics required him to report to the City Council the names of advisory
board commissioners who had failed to file a Disclosure of Financial Interest.
Mr. Malinen reviewed the follow-up by staff in notifying all parties.
Discussion included no sanction
specifically outlined in the current Code of Ethics; rationale provided by
those individuals yet to file, with only one (1) of the (3) retiring as a
commissioner as of March 31, 2012, but the other two (2) still serving in their
various capacities.
At the request of the City
Council, City Manager Malinen advised that the following had failed to submit
their reports:
David Singleton,
Human Rights Commission
Kelly Quam, Housing and
Redevelopment Authority
James Campbell, Civil
Service Commission (term expires 3/31/12)
At the request of Mayor Roe, City
Manager Malinen advised that there was no Police Civil Service Commission
meeting scheduled between now and the end of Mr. Campbell’s term.
Concerned with the level of
culpability of individual commissioners and their rational in not filing,
Councilmember Pust requested that City Manager Malinen review the specific types
of contact by staff with these individuals, via letter, e-mail and personal
phone call, which he reiterated. Before being able to consider what action to
take, Councilmember Pust advised that she needed more information from those
individuals.
Mayor Roe noted the differences in
appointment to the HRA by Mayor; and advised he would need to review State
Statutes and HRA by-laws to determine the process proscribed for sanctions.
Regarding failure for filing of other commissioners, Mayor Roe questioned what
was appropriate for disciplinary action based on the silence of the Ethics Code
specific to this failure.
City Manager Malinen opined that
on the part of staff, they had been diligent in giving the individuals advanced
notice of their obligations, as well as subsequent staff follow-up to remind
them of their responsibilities and the date for them to comply.
Councilmember McGehee suggested
that the Ethics Commission may need to provide additional information and a
process for the City Council to handle this situation.
Councilmember Pust opined that she
was not prepared to assume that the individuals were refusing to comply; but if
that was the case, that would dictate the City Council’s code of follow-through;
however, she further opined that such information was needed to confirm
individual rationale in not filing, or if there was any confusion of those
individuals in thinking they had filed.
City Manager Malinen opined that
based on staff contact to-date, none of the individuals had filed to staff’s knowledge.
Councilmember Pust opined that
circumstances were different if individuals refused to file versus they had yet
to get it done.
Mayor Roe questioned the preferred
action of the City Council and whether a new deadline should apply.
Since there is nothing written as
a sanction in the Ethics Code, Councilmember Pust suggested that staff pursue
individual explanations from those individuals between now and future action.
Mayor Roe concurred, suggesting staff
to add this as a action item on the March 26, 2012 City Council business
agenda, with individuals required by then to either file by then or submit
their rationale for not doing so. Mayor Roe suggested that Mr. Campbell had a
legitimate reason for not filing even though that may preclude him from certain
activities relative to police service. Mayor Roe suggested that the City
Council further review the current Ethics Code and discuss how to move forward
based on the apparently glaringly absent sanction.
At the request of Councilmember
Pust as to whether this has been tracked in the past, City Manager Malinen
advised that, while staff may have been aware of tardy compliance in the past,
this was the first time he was reporting to the City Council in an effort for
staff to comply with all City Codes.
City Attorney Mark Gaughan, in his
review of the Ethics Code, advised that, even though no sanctions were laid
out, this may have been intentional to allow more flexibility for the City Council
in addressing failures, since failure to file was clearly stated as a violation
in code. Mr. Gaughan reviewed the process for City Manager or City Attorney
follow-up on any violations to be reported to the Ethics Commission, and their
subsequent submittal of their findings and recommendations to the City Council
for action on any ethics violation. Mr. Gaughan therefore noted that a process
was in place, most likely intentionally left open to allow for a broad
discussion and recommendation by the Ethics Commission for City Council
action. Simply because no sanction was set forth, Mr. Gaughan reiterated that
this allowed for discretion after the process played out.
After further discussion on the
process, Mayor Roe opined that tonight’s discussion alone, along with the
threat of a complaint filed with the Ethics Commission, may serve to resolve
the issue of tardiness itself.
Mayor Roe suggested staff to
provide written communication to commissioners, with a phone follow-up
deadline, or staff would initiate an Ethics complaint. Mayor Roe noted that
this follow-up was taking up a considerable amount of staff time, and needed
resolution.
Councilmember Pust sought
assurance that a person-to-person contact be made
McGehee moved, Roe seconded, to
direct staff to contact Mr. Singleton and Ms. Quam, excluding Mr. Campbell due
to his impending term expiration, by written and e-mail format, with a deadline
for confirming that filing by the end of business on March 24, 2012; and if
there was no compliance at that time, an Ethics complaint would be filed with
the City Attorney.
Roll Call
Ayes: Pust;
McGehee; and Roe.
Nays: None.
With Mayor Roe concurring, City
Manager Malinen suggested that future discussions be held on whether or not to
charge the Ethics Commission with potential revision to City Code to provide
clear and specific sanctions in this type of situation.
b. Discuss Performance
Management Program
Finance Director Chris Miller
briefly summarized staff’s proposal to tie recent initiatives into a
comprehensive Performance Management Program (PMP), as detailed in the RCA
dated March 12, 2012. Mr. Miller opined that such a formal PMP would serve to
demonstrate the commitment of the City Council to effective decision-making and
ensuring that allocation of resources are aligned with desired outcomes from year-to-year,
no matter if there are changes in staff and/or City Councilmembers.
Mr. Miller referenced the first
ten (10) pages of Attachment A that provided a framework and program specifics
for state and local government; and with the City Council’s direction, offered
for staff to move forward in developing a Roseville-specific PMP.
In general, Councilmember McGehee
spoke in support of the PMP process; however, she noted the need for a
commitment from a budget perspective, the need to understand the sequential
nature of the process, and the key in evaluating outcomes based on citizen
input of problem areas or areas of concern, and subsequent follow-up to
determine whether improvements are being made in those areas of discontent.
Councilmember Pust clarified her
understanding that staff would take this plan and the initiatives to-date and
put them together as a Roseville-specific plan.
Mr. Miller concurred with that
understanding, provided the City Council so directed; with staff then
committing to systematically completing the PMP, and addressing long-term goals
based on a biennial citizen survey or establishing an appropriate cycle.
Since only three (3) of the five
(5) Councilmembers were present at tonight’s meeting, Councilmember Pust expressed
concern in providing that direction without further discussion of the entire
body.
At the request of Mayor Roe,
Councilmember Pust confirmed that she was interested in continuing discussion
of such a program.
Mayor Roe offered his positive
interest in continuing discussions, while recognizing that this was only a
preliminary template, and the City Council majority and staff would be
involved in creating the end product that would be Roseville-specific.
At the request of Mayor Roe, Mr.
Miller noted conversations to-date between him and Department Heads had
indicated their support of such an approach. Mr. Miller advised that he had
held discussions with the supervisors in his department, and understood that
other Department Heads were doing so in their functions as well. Mr. Miller
noted that this was one of the steps in the cycle, getting organized and
committed to proceed, noting that if departments saw the benefits, their buy-in
would be that much stronger.
Mayor Roe, in reading the
documents, opined that measurement was key to him in being of value in
addressing the organizational culture and measurements of performance. Mayor
Roe noted that ongoing decision-making needed to support the end goals, and tie
back to the outcomes or aspirations, in accordance with the Imagine
Roseville 2025 community visioning process. While surveys are part of
performance measurement, Mayor Roe opined that, in terms of stakeholder input,
citizen involvement needed to be more active and participatory beyond a citizen
survey.
Councilmember McGehee referenced
page 4 of the document as being important in the process. In referencing page
45, and the definition of gain sharing, Councilmember McGehee opined that the
City Council had not done very well at that to-date.
Mayor Roe noted the need to
provide any additional staff training indicated that may provide better
understanding of the technical aspects of measurement at that staff level.
City Manager Malinen noted that
many of the pieces had been done over the last five (5) years at different
times, thanks to Mr. Miller, and that all the pieces are in place to develop a
comprehensive, integrated plan in order to pursue that continuous improvement
that the City Council and staff were striving for on a daily basis.
14. City Manager Future Agenda Review
City Manager Malinen reviewed
upcoming agenda items.
Discussion included future
presentations on fiscal disparities, availability of a bi-partisan presentation
by the Department of Revenue; timing and incorporation of the City Manager
goals with the City Council’s work plan/strategic plan; and tentative
scheduling of the Walmart and Roseville Properties Preliminary Plat at the
March 26, 2012 regular meeting.
At the request of Mayor Roe in
reformatting City Council meetings to provide work sessions on a more regular
basis and based on strategic planning discussions, City Manager Malinen advised
that staff would be discussing scheduling of business and work session items at
their meeting this coming Wednesday, March 14, 2012, and would then advise
Councilmembers of heir recommendations.
15.
Councilmember-Initiated Items for Future Meetings
16.
Adjourn
Pust moved, McGehee
seconded adjournment of the meeting at approximately 9:44 pm.