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Council Meeting Minutes
December 10, 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: Pust; Johnson; Willmus; McGehee; and Roe).
City Attorney Mark Gaughan was also present.
Mayor Roe welcomed the Roseville
Goodpellas A Cappella Singers from the Roseville Area High School; and they
opened the meeting with the National Anthem and shared a Christmas carol.
Retiring Councilmembers Tammy Pust
and Jeff Johnson were formally recognized by Mayor Roe and City Manager
Malinen, following a public reception in the lobby immediately prior to
tonight’s City Council meeting.
Mayor Roe noted Councilmember
Pust’s service on the City Council through election in 2005, and service for
two (2) terms. Mayor Roe highlighted Councilmember Pust’s initiative in
pursuing the Imagine Roseville 2025 community visioning process; and his
pride in participating in that program as a member of the community.
Mayor Roe noted Councilmember
Johnson’s election in 2008 and service for one (1) term, an eventful time on
the City Council. Mayor Roe expressed his pride in association with
Councilmember Johnson; and highlighted his work as a member of the City’s
Capital Improvement Program Subcommittee to establish a sustainable track for
long-term City finances.
Mayor Roe expressed his
appreciation of both Councilmembers Pust and Johnson as he had first gotten to
know them in the community and then through service together on the City
Council; and stated that they were both “good people”; and he was grateful as a
member of the community for their service on the City Council, a challenging
and rewarding position.”
Mayor Roe presented service plaques
to Councilmember Pust and Councilmember Johnson.
City Manager Malinen stated that he
had been “honored and privileged to work with you as a City Manager; and on
behalf of the City’s employees and Department Heads, we want to say thank you
for your efforts and dedication to improve our community and Roseville
citizens.” A long-stemmed red rose was presented to each, as well as a symbolic
Councilmember Pust advised that she
didn’t have a prepared speech as she had hoped to convince Councilmember
Johnson to perform a song with her; however, to no avail. Councilmember Pust
stated that it had been “a great honor to serve on the Roseville City Council;
fun, humbling, and I’ve learned a lot.” Councilmember Pust noted that she
hoped that her service had contributed to the strength and warmth of the
Councilmember Johnson addressed
Mayor Roe, City Manager Malinen, fellow Councilmembers, City Attorney Mark
Gaughan, Recording Secretary Sheila Stowell, City staff, and honored guests, by
stating that “it has been a privilege to serve the community;” and encouraged
others to serve in whatever level they could. Councilmember Johnson expressed
his appreciation and privilege in having served with former Mayor Craig
Klausing, former Councilmembers Amy Ihlan and Dean Maschka, Mayor Dan Roe, and
Councilmember Tammy Pust over the last four (4) years. Councilmember Johnson
noted that it had held some unique challenges, including the Comprehensive Plan
and Zoning Code updates as several of those big projects; as well as major
projects undertaken by the current City Council under the leadership of Mayor
Roe and Councilmembers Tammy McGehee and Bob Willmus. Councilmember Johnson
stated that it was a great team, and he was proud to have participated in
discussions with fellow Councilmembers, and while they don’t all agree, it
would be a boring world, and Roseville wouldn’t be the great city it is today
if not for that dynamic. Councilmember Johnson stated that it had been an
honor and privilege to work with all of them. Councilmember Johnson also
thanked his wife Mary and children for a lot of give and take on their parts as
well. Councilmember Johnson welcomed Councilmembers-elect Jason Etten and Lisa
Laliberte, opining that they would prove great additions to the City Council,
and would make his leaving easier by having those great people on the team.
Councilmember Johnson concluded by saying he looked forward to “seeing you in
the other side.”
Councilmember Willmus expressed his
appreciation for what both Councilmembers Pust and Johnson had done for the
Roseville community, and the current team’s ability to sit at this dais and,
while disagreeing about significant issues affecting this community, still be
cordial with each other, stating “that’s what it’s all about.” Councilmember
Willmus expressed his appreciation for their service; and encouraged both of
them at some point to get and stay involved and keep up what they do.
Councilmember McGehee thanked both
Councilmembers Johnson and Pust for their service and kind remarks; and stated
that she “looked forward to working with Jeff in the future on some unfinished
City Council business.” Councilmember McGehee expressed appreciation for their
participation in discussions; and for Councilmember Pust’s support on some of
the issues she had supported over the last year. Councilmember McGehee opined
that they had been a good team, even when not agreeing; that it had never been
boring, and she again thanked them both.
2. Approve Agenda
Mayor Roe noted that one of the
bidders for that item had requested removal of Consent Item 7.e entitled,
“Award Contract for Demolition of the Buildings on the PIK Terminal Co. Limited
Partnership Property located at 2680/2690 Prior Avenue.
Mayor Roe further noted removal of
Business Action Item 12.e entitled, “Community Development Department Request
to Issue a Ramsey County Court Citation for Unresolved Violations of City Code
at 1927 Rosedale Drive.
Johnson moved, Willmus seconded, approval
of the agenda as amended.
Ayes: Pust; Johnson; Willmus; McGehee; and
3. Public Comment
Mayor Roe called for public comment
by members of the audience on any non-agenda items.
Dean Jilek, Choir director at Roseville Area High School (RAHS)
Mr. Jilek advised that the RAHS
Junior and Senior Choir had been selected to sing at the National Convention in
Dallas, TX, only one out of four chosen from across the nation to participate.
Mr. Jilek noted that the last high school choir from Minnesota to perform had
been the Owatonna High School in 1980. As a Choir Director, Mr. Jilek
expressed the privilege in this honor; and stated that he was gracious and
humbled for RAHS and him to have such an opportunity, attributable to the
fantastic Fine Arts/Music Department at RAHS. For the public’s information,
Mr. Jilek advised that the cost of the trip for the Choir would be
approximately $44,000 and for those community members wishing to contribute to
that cost, they could do so on line at givemn.org/RAHS Choirs.
Mayor Roe and Councilmembers
collectively thanked Mr. Jilek and the students for providing the music tonight
and wished them well.
Eugene Bahnemann, 2656 N Lexington Avenue
Mr. Bahnemann stated that there were
non-union workers working on the state-of-the-art fire station; that there were
no union City staff; that there were no union firefighters; and questioned why
there were union Police officers; since it could cut out a whole lot of money
from the City budget.
Council Communications, Reports, Announcements and Housing and
Redevelopment Authority (HRA) Report
Mayor Roe announced, as identified
by the Beyond the Yellow Ribbon of Suburban Ramsey County, an opportunity and
encouraged citizens to send a Christmas card to a wounded American Veteran at:
A Recovering American Soldier
c/o Walter Reed Medical Center
6900 Georgia Avenue NW
Washington, D.C. 20037-5001
Councilmember Willmus advised that
over the weekend the Roseville Area Youth Basketball Association had held their
annual tournament, utilizing a number of gymnasiums in the community shared by
the School District and City of Roseville. Councilmember Willmus, personally
and on behalf of the Association, thanked the City’s Parks and Recreation
Department for their ability to plow out parking lots Sunday morning to
facilitate the numerous out-of-town teams at the tournament. Councilmember
Willmus noted that the same event had been cancelled several years ago due to a
significant snow event; but this year the tournament was able to continue due
to those efforts made.
Goodmanson Construction Inc. for their Generous Sponsorship of the New Year’s
Eve Celebration at the Roseville Skating Center over the Last Seven Years
Kevin Elm, City of Roseville
Mr. Elm noted that Merl and Cami Goodmanson
were unable to attend tonight, as they were out-of-town. Mr. Elm expressed
appreciation to the Goodmanson’s and their construction firm, for their
continued financial and logistic support of the New Year’s Eve Celebration on
Ice hosted at the Roseville Skating Center for the 20th year. Mr.
Elm recognized the generosity of the Goodmanson firm not only this year, but
recognized that 2012 will be their seventh consecutive year in this local business’s
anchor sponsorship of the event. Mr. Elm reviewed that this was not only
through their significant financial support, prize materials, printing and
distribution of promotional fliers and materials, as well as their willingness
as a local, small business to continue leadership for this annual safe,
affordable, family event.
J. P. Turner, Sales
Representative for Goodmanson Construction
On behalf of the Goodmanson family
and construction firm, Mr. Turner stated that they were “really super happy to
be a part of this annual event, and that it remained of huge importance to the
Goodmanson family and its employees. Mr. Turner recognized the support
received this year from other groups and contractors with whom they worked,
allowing more promotion for the event this year. Mr. Turner encouraged
everyone to attend, and bring their families to this great event; and thanked
the City for allowing it to contribute.
On behalf of Goodmanson
Construction and their family, Mr. Turner presented a symbolic check to Mayor
Roe in the amount of $50,000, representing the firm’s estimated contribution
over the last seven (7) years.
Mayor Roe and Councilmembers
collectively thanked the firm and their families for their ongoing support.
Willmus moved, Pust seconded,
recognizing Cami, Merl and Rick Goodmanson and Goodmanson Construction, Inc.
for their generous and significant sponsorship over the past seven New Years
Eve Celebrations at the Roseville Skating Center.
Johnson; Willmus; McGehee; and Roe.
b. Accept and Recognize General
Donations to the City of Roseville
Parks and Recreation Director
Lonnie Brokke also expressed his personal appreciation and that of the Parks
and Recreation Department staff to Goodmanson Construction. Mr. Brokke noted
that it was through the overall generosity of community that made things better
Mr. Brokke read the series of
donations to the City of Roseville that were being recognized tonight, as
listed in Request for Council Action (RCA) dated December 10, 2012.
McGehee moved, Willmus seconded,
authoring acceptance of and recognition for the donations as listed in the
Request for Council Action (RCA) dated December 10, 2012.
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
Approve Minutes of December 03, 2012 Meeting
McGehee moved, Willmus seconded,
approval of the minutes of the December 03, 2012 meeting as presented.
Approve Consent Agenda
There were no additional changes to
the Consent Agenda than those previously noted. At the request of Mayor Roe, City
Manager Malinen briefly reviewed those items being considered under the Consent
Johnson moved, McGehee seconded,
approval of the following claims and payments as presented.
Approve Business & Other Licenses & Permits
Johnson moved, McGehee seconded, approval
of license applications for the following applicants:
Type of License
Ray Anderson & Sons Co., Inc.
930 Duluth Street; St. Paul, MN
Solid Waste Hauler
Approve General Purchases and Sale of Surplus Items in Excess of
Johnson moved, McGehee seconded, approval
of the following purchases and/or contracts for service:
AMR Residential Water Meters
AMR Interface Units
AMR Commercial Water Meters
Roseville Energy Action Conservation Team (REACT) Report
Johnson moved, McGehee seconded, receipt
of the REACT Energy Use Update.
Renew Electrical Inspector Contract for 2013
moved, McGehee seconded, approval of the 2013 Service Agreement with Tokle
Inspections, Inc.; and authorize the Mayor and City Manager to execute the
agreement, contingent upon review and approval by the City Attorney.
Pust; Johnson; Willmus; McGehee; and Roe.
Receive Feasibility Report and Set Public Hearing for County Road
D Reconstruction Project
moved, McGehee seconded, adoption of Resolution No. 11033 (Attachment A)
entitled, “Receiving the Feasibility Report for County Road D Reconstruction
and Ordering Public Hearing for the Improvement on January 26, 2013.
Approve a Resolution of Support for Metro Transit’s Snelling
Avenue Bus Rapid Transit Project Funding Request
moved, McGehee seconded, adoption of Resolution No. 11034 (Attachment A)
entitled, “Resolution in Support of Metro Transit’s Funding Request from MnDOT
through the Chapter 152 Statewide Transit Grant Solicitation Program;” for the
Metro Transit Snelling Avenue Bus Rapid Transit Project and funding application.
Approve an Agreement between the City of Roseville and Capitol
Region Watershed District for the Villa Park Wetland Restoration Project
moved, McGehee seconded, approval of a Joint Powers Agreement (Attachment A)
between the City of Roseville and the Capitol Region Watershed District (CRWD)
for the Villa Park Wetland Restoration Project.
Request Council Approval to Rescind Award Bid for Landscaping Contract
for Failure to Furnish Performance Bond and Award Contract to Next Lowest
moved, McGehee seconded, rescinding the landscaping services contract to Noble
Nursery and award the contract to the next lowest bidder, Gardeneer, Inc.; in
an amount not to exceed $86,225.
Consider Items Removed from Consent
Award Contract for Demolition of the Buildings on the PIK
Terminal Co. Limited Partnership Property Located at 2680/2690 Prior Avenue
City Engineer Debra Bloom reviewed
the background, process, and review of bids related to this project; and
resulting staff recommendation for the second lowest bidder, as detailed in the
RCA dated December 10, 2012. Ms. Bloom reviewed specifics in the bid documents
related to use of MnDOT approved contractors; and the findings of staff and the
City Attorney as those special conditions prevailed over general instructions
to contractors for the bidding process itself. Ms. Bloom noted that nine (9)
bids had been received initially, with only four (4) of those bidders found to
comply with specifications during the course of the contract when the City
provided additional information related to that specific condition, and with
the exception of Urban Companies, those companies had chosen to withdraw their
bids. Ms. Bloom opined that it was the consensus of staff and the City
Attorney that it was unfair to other bidders to change that bid once opened;
and advised that the recommendation stood as presented. Ms. Bloom noted the
minimal difference in the bid between the two (2) lowest bidders.
City Attorney Gaughan concurred
with staff’s recommendation as presented.
At the request of Councilmember
McGehee, Ms. Bloom provided additional detail on the rationale in staff’s
application of MnDOT approved contractor lists, particularly recognizing the
need for proven past performance by contractors in addressing this significantly
contaminated site and the process to be used during demolition and removal of
hazardous materials from the site.
Greg Van Gilder, Director of Operations,
Mr. Van Gilder distributed a
letter to Mayor Roe and Councilmembers at the bench, and referenced those
written comments during his presentation; and rationale in requesting reconsideration
of staff’s recommendation.
As low bidder for this project,
Mr. Van Gilder noted their firm’s previous use of an abatement contractor that
did not make their firm legally bound to use that particular firm; and offered
their willingness to switch to a MnDOT approved contractor. Mr. Van Gilder
noted that five of the nine contractors had missed that specific condition on
page 218 of the bid documents; and reviewed the Urban Companies’ many projects
within the metropolitan area and their expertise. Mr. Van Gilder asked, as
indicated in the letter, for an opportunity to switch to a MnDOT approved
contractor; and referenced the letter from their firm’s legal counsel showing
precedents allowing them to do that.
At the request of Councilmember McGehee,
Mr. Van Gilder advised that nothing on their bid would change with the
exception of the abatement contractor to one approved by MnDOT.
At the request of Councilmember Johnson,
City Attorney Gaughan reviewed the process issue for consideration of this
item. City Attorney Gaughan reviewed the fourth paragraph of the Urban
Companies letter as distributed, their firm’s rationale as to why they should
be awarded based on waiving minor irregularities; and the City Attorney review
and finding that this is not a minor irregularity and that the City was not
able to waive it as requested. Mr. Gaughan reviewed potential risk to the City
from other bidders that they may deem any such action by the City as a material
change and give rise to exposure for the City.
City Attorney Gaughan reviewed the
choices before the City Council: award the bid as recommended by staff or
reject all bids. If the City Council awards the bid tonight, they should do so
based on awarding the contractor who complied with the specifications for MnDOT
approved contractors on the list.
At the request of Councilmember McGehee,
City Attorney Gaughan advised that if the City chose to rebid the project,
there would be next to zero liability exposure to the City by rejecting current
bids and rebidding it.
At the request of Councilmember
Willmus, City Engineer Bloom advised that she was unaware of any time
constraints for the projects other than the projected drop in steel prices
after the first of the year; with the work proposed for winter since there were
no foundations to dig up and the work would consist primarily of knocking down
walls. Ms. Bloom estimated that it would require approximately three weeks to
advertise and rebid the project; further clarifying the MnDOT approved list ,
with opening the end of January and award in February of 2013.
At the request of Councilmember Pust,
City Engineer Bloom reviewed staff’s rationale in requiring MnDOT approved
contractors for this work, even though other communities don’t use that
specific list. In working with Mark Vogel with MnDOT, and based on their
exposure and experience, Ms. Bloom advised that staff felt it was prudent to
include that specific condition for this in-house bid specification project.
However, Ms. Bloom offered to further research and consult regarding other
Councilmember Pust questioned why,
if using the MnDOT approved list of contractors was reasonable, other
communities (e.g. City of Minneapolis) who do significant projects similar to
this one, chose not to do so.
Noting the minimal difference in
the two (2) lowest bids for the project, Councilmember Johnson questioned if
the additional staff and attorney time to rebid the project would supercede the
difference in those two bids; and rebidding the project; or if it would make
more economical sense all around to approve the second lowest bid and move
forward. With all due respect to Urban Companies and Mr. Van Gilder,
Councilmember Johnson noted that they did not meet the criteria, and if the
City was only rebidding the project to address their concerns, he was not in
favor of rebidding the project.
Ms. Bloom estimated an additional
10-20 hours of staff time to prepare to rebid, repackage it, and hold another
meeting on site; in addition to City Attorney time and fees.
City Attorney Gaughan advised that
their time would fall within the realm of their base retainer.
McGehee moved, Johnson
seconded, to REJECT all bids and authorize staff to rebid the demolition
project for buildings on the PIK Terminal Co., Limited Partnership property
located at 2680/2690 Prior Avenue, using the same specific condition for
Beyond this action, Mayor Roe suggested
that staff further research consideration and rationale in use of the MnDOT approved
list, as well as consulting with other communities and agencies on their
Mayor Roe noted that all costs
related to this demolition project would be assessed to the PIK property owner,
as indicated in the RCA.
General Ordinances for Adoption
a. Adopt an
Ordinance Amending City Code, Chapter 314.053: Charging of City Attorney Fees
City Manager Malinen summarized
this requested action, as detailed in the RCA dated December 10, 2012; and
proposed ordinance (Attachment A) identifying changes needed at this time to
allow the City to charge City Attorney fees to specific developers for
applicable land use items. City Manager Malinen advised that staff would then
come back with something more comprehensive for the future; however, thought
this would suffice and satisfy needs and provide clarity for developers and the
public in the interim.
McGehee moved, Willmus seconded,
enactment of Ordinance No. 1432 (Attachment A) entitled, “An Ordinance Amending
Title 3 by Amending Chapter 314.053 of Roseville City Code Regarding the Fee
Watermain Lining Presentation
Public Works Director Duane
Schwartz introduced Mr. Carney, who presented current industry trends to
address current degradation of infrastructure systems across the nation.
Chad Carney, U. S. Business
Manger/Water Group, 3M
Mr. Carney commended the Roseville
Public Works Department for their professionalism and knowledge of the City’s
During the presentation, Mr.
Carney reviewed the innovative 3M “Pipe Renewal Liner 2400” product; the
approval of the product by several third-party regulatory agencies; the advantages
and cost-effectiveness of trenchless technologies; specifics of poly urea
chemistry and longevity of the material, and certified 50-year life cycle of
the application, with future and similar applications also then available. Mr.
Carney reviewed the precision equipment and process involved in application of
the materials in lining water lines. Mr. Carney also addressed the use of 3M
certified contractors only in application of the material; inspection
throughout the application by City staff and 3M certified personnel; and the
safety of the materials used for the public water system and those applying the
materials, certified BPA-free with zero VOC’s, since there were no solvents and
therefore, no off-gassing.
Questions of Mr. Carney by
Councilmembers included ability for most of (95%) of private service
connections to remain open during the process, or otherwise reconnected by
advanced technologies as part of the process as well by a reinstating robot;
and continuous monitoring and addressing those areas of town already
experiencing low pressure issues; and testing of water through the NSF
Certification process, using a long term soak test for allowable limits for
Further discussion included video
inspections pre- and post-inspection and throughout the application processes
to address and be aware of any impacts to individual service lines; better
condition of City of Roseville water pipes than those shown in the presentation
due to the City’s use of surface water and cast iron piping versus well water;
and product unavailability for private homeowner application in the market at
this time as those projects are too small to be cost-effective at this time;
and current use of similar technologies to reline sewer mains in the community
that have proven very cost-effective.
Councilmember Johnson thanked Mr.
Carney for his excellent, professional, succinct presentation; and expressed
his excitement about this project, opining that it seemed to open up other
applications for rejuvenation of other infrastructure issues in the future.
Mr. Carney concurred that the base
chemistry provided for many other possibilities in the future; however, he
noted that this specific application was designed for use with water lines,
since it needed to be uber clean for BPS certification.
City Civil Engineer Kristine
Ms. Giga provided a brief
presentation, further expounding on the information included in the RCA dated
December 10, 2012; and staff’s recommendation to address the City’s aging water
mains, and to reduce or eliminate the multiple breaks experienced annually.
Ms. Giga provided some examples and identified problem segments previously
identified in the City’s CIP, including two (2) breaks experienced over the
last weekend. Ms. Giga revised the options available in using trenchless technology,
including a cured in place pipe (CIPP) lining system currently used for sewer
lining, with four (4) manufacturers available for that product, or the
spray-in-place lining system by 3M; either of which would be cost-effective.
Ms. Giga reviewed the recent
bidding based on plans and specifications prepared in October of 2012 for water
main rehabilitation for two (2) segments; and specifics of the two applications.
Ms. Giga advised that three bids had been received: two with the CIPP application,
and one with the spray-on liner by 3M. Ms. Giga reviewed the bid results, cost
comparisons, and 30-50% lower cost in using the 3M spray application that would
result in less disruption to services as well, fewer access pits, and potential
for completion with out installing a temporary water system, since the cure
time is short and services reinstated the same day as applied. Ms. Giga reviewed
the requirements of the MN Department of Health and boil notices to residents
impacted until disinfection tests pass (48 hours); and if determined necessary,
the City would provide those impacted residents with bottled water until
meeting those requirements and deemed safe.
Discussion among Councilmembers
and staff included temporary water services and boil notice provisions.
Ms. Giga reviewed the proposed
project schedule, if the City Council chose to take action at tonight’s
meeting; noting that if the City received significant negative feedback from
residents affected in these project areas, they would set up a temporary water
service, adding and approximate 30% cost to the project; at which time staff
would look at quotes from other contractors to further reduce the overall cost
of the project. In the Rice Street area, Ms. Giga advised that, due to a number
of apartment buildings that would be impacted, staff planned to install a
temporary water service since it would be problematic to contact all of those
tenants individually during the process.
Business Items (Action Items)
Approve Resolution Awarding Bid for Watermain Rehabilitation Project
Ms. Giga summarized staff’s
recommendation as detailed in the RCA.
Johnson moved, Pust seconded,
adoption of Resolution No. 11035 (Attachment A) entitled, “Resolution Awarding
Bid for Watermain Rehabilitation Project;” to Veit & Company, Inc., of
Rogers, MN in an amount not to exceed $621,886.10; contingent upon receiving an
additional warranty from 3M that its reviewed and approved by the City
Attorney; and authorizing the Mayor and City Manager to execute the
Approve 2013 Utility Rates
Mayor Roe summarized discussions
to-date by the City Council related to 2013 utility rate adjustments submitted
by staff and the Public Works, Environment, and Transportation Commission
(PWETC) for consideration.
Finance Director Chris Miller
referred to information submitted to-date and additional information provided
by staff based on past directives regarding a tiered water usage rate, as
detailed in the RCA dated December 10, 2012; and impacts to customers from rate
Mr. Miller noted staff’s revisions
related to City Council discussion for reduction of the recycling rate from the
$6.20 recommended by staff to $6.00 per unit per month as directed by several
City Council members.
Mr. Miller addressed water
conservation rates, and recommendations of the PWETC; and suggested that the
City Council affirm the status quo for the water rate structure for 2013 and
look at the broader implications of reverting back to a single consumption rate
in 2014, contingent with regulations of various State regulatory agencies that
have oversight of municipal water service providers. Mr. Miller reviewed
recent legislative changes that he and Public Works Director Duane Schwartz had
discussed that had repealed previous requirements enacted related to a
conservation rate structure. Mr. Miller advised that the only requirement now
was that the City could demonstrate a decline in water usage for other reasons,
which the City of Roseville could demonstrate. In order for staff to obtain
additional research related to a uniform system versus a three (3) tiered
system, Mr. Miller reiterated staff’s recommendation that it may be prudent to affirm
the status quo of the City’s rate structure for 2013 with the two (2) tiered
Councilmember McGehee expressed
her interest in Councilmember Johnson’s proposal at the December 3, 2012 meeting
to revert to one (1) flat water rate regardless of usage; and opined that the
City use a direct pass through rate for citizens to charge them only what the
City was charged, including staff time, meter costs, mailing costs for utility
bills, and other operational costs. Councilmember McGehee opined that it
didn’t seem like a reasonable business model to do otherwise. Councilmember
McGehee suggested using Councilmember Johnson’s proposal as a basis for future
discussions on using a flat rate adjusted to incorporate actual costs to the
end user. As pointed out by Councilmember Johnson, just because a household
uses less, it shouldn’t be cheaper for anyone; and everyone – whether residential
or commercial customers – should pay for operational costs. Councilmember
McGehee further opined that the water rates be tabled to allow staff time for
further research, as she saw no pressing need to act at this time based on the
additional information brought forward by staff for tonight’ s meeting.
Councilmember Willmus advised that
he too would like to further explore a flat rate; however, he suggested that
other items beyond the water rate should be enacted tonight rather than tabling
the issue in its entirety.
Councilmember Johnson suggested
that the water component be removed from the fee structure, and defer action on
that specific area for the new City Council in January of 2013.
Finance Director Miller noted that
action could be deferred until January of 2013, and still take effect in 2013,
based on the quarterly billing cycle for utility billing.
Mr. Miller sought to clarify
residential and commercial rates (page 12 of the RCA, Schedule A), noting that
the residential rate currently used represented a direct cost of passing
through City costs to customers from the Saint Paul Regional Water Authority,
but that it did not include any fixed or overhead costs, as all those fixed
costs were included in the base rate with the exception of purchasing the water
itself. Mr. Miller advised that those were considered fixed costs regardless
of how much water was sold; with staff having previously aligned all fixed
costs with revenue sources in the base fee as enacted in 2009, excluding
variables for water usage fees.
McGehee moved to remove and defer the
water utility portion of draft resolution for 2013 utility rates for action by
a future City Council in 2013; and to remove the recycling fee to consider
reduced rates; and asking that staff return to the City Council with a proposed
water rate structure based on further research and requirements of other
Mayor Roe sought to clarify
whether the intent of Councilmember McGehee’s motion was to approve 2013
utility rates with the exception of water rates, to table the water rates only,
or to table 2013 utility rates with the exception of recycling and move other
recommended rate revisions forward. Mayor Roe noted that, at this time, no
action had been taken on any utility rates with the exception of recycling rate
Mayor Roe ruled the motion failed
for lack of a second.
Johnson moved, Pust
seconded, to strike 2013 recommended water usage utility rates from this
action; and with that exception to adopt Resolution No. 11036 entitled,
“Resolution Establishing the 2013 Utility Rates,” in accordance with Schedule A
(page 12) attached to the resolution; and to forward any action on water rates
to the new City Council taking office in January of 2013.
Mayor Roe clarified that current
water usage rates (page 12) would remain in effect as a result of this motion.
Finance Director Miller requested more
clear direction on what staff was being requested to provide further research.
Mayor Roe advised that 2012 rates
would remain in effect; and whatever recommendation staff provided on water
rates would be heard at a later date by a future City Council,
With City Council consensus
affirmative with his comments, City Manager Malinen further clarified that the
water usage rate had been excluded from this action; however, the water base
rate as recommended would be adopted for 2013.
With City Council consensus
affirmative with his comments, Councilmember Willmus also clarified that this
action would also reduce the 2013 residential customer recycling rate to $6.00
per unit per quarter.
Councilmember McGehee requested a
more in-depth discussion in 2013 regarding storm sewer and sanitary sewer
Mayor Roe noted that there was
nothing preventing the City Council from changing its rate structure beyond
Councilmember McGehee opined that
the extensive additional fees and increased levies asked of Roseville residents
in 2013, whether tax-supported or non-tax-supported, were significant. While
addressing many of the business model shortcomings from the past through the
CIP recommendations adopted, Councilmember McGehee opined that general
operations needed to be reviewed for funding sources in the future. As a taxpayer
and resident of Roseville, Councilmember McGehee stated that she didn’t think
the City should have giant blips on the screen if operations were being managed
properly; and going forward, a business model should be in place that provided a
direct pass through for costs that provided transparency for the public to be
fully aware of the rationale for any increase in fees, as well as to provide a
means for the City to capture all expenditures for the services it sold. Councilmember
McGehee stated that she supported what the City Council was doing now; however,
she wanted additional discussion in the near future.
Councilmember Johnson stated that
he was in agreement with the first portion of Councilmember McGehee’s
statement; acknowledging that the actions taken by the City Council were harsh;
however, they were necessary to get the City on a sustainable track; and it was
necessary to turn that corner. Councilmember Johnson noted that the
discussions held and public testimony received about that major step taken and
impact on taxpayers and residents had been taken seriously by the City Council
last year, and had served as the impetus for enacting those changes over a two-year
period, versus the original recommendation for implementing them in one year.
Councilmember Johnson concurred with Councilmember McGehee that management
needed to be carried forward and annually scrutinized; and now that the base
had been put in place, the City Council needed to move forward accordingly and
the conversations needed to continue.
Mayor Roe noted that the whole
point of the actions taken by the City Council over the last two (2) years were
to avoid the spikes from unexpected expenses coming from the system, and to
manage things better. Mayor Roe opined that the City was now on target to
achieve that. However, in order to do so, Mayor Roe noted that sometime it
needed to be initiated, thus the action of the City Council over the last two (2)
years, even though a difficult decision for all involved.
Councilmember McGehee thanked
Councilmember Johnson for his support; however, specific to water rates, real
costs needed to be addressed and a business model adopted moving forward; and
an organizational philosophy that everything could be accomplished under the
CIP was not sufficient.
Councilmember Johnson concurred
with Councilmember McGehee; but reiterated that things now were in place to
Approve Resolution Adopting City Assessment Policy
City Engineer Debra Bloom provided
a summary of the recommendation for approval of the revised City Assessment
Policy as outlined in the RCA dated December 10, 2012.
Pust moved, Willmus seconded,
adoption of Resolution No. 11037 (Attachment D) entitled, “Resolution Adopting
Special Assessment Policy.
In response to Councilmember
McGehee, Ms. Bloom reviewed how assessments may work for regional improvement
projects and determination of benefit areas as defined and part of the
feasibility report based on appraised values. Ms. Bloom opined that this would
provide flexibility in the overall project review and enable a better
Mayor Roe thanked the PWETC for
their review of and recommendations for revisions to the Assessment Policy.
Approve Contract for Civil Legal Services
City Manager Malinen reviewed
negotiations with the selected law firm to provide civil legal services to the
City, as authorized at the December 3, 2012 City Council meeting.
City Manager Malinen noted the
bench handout provided, serving to address the ability to charge the cost of
certain land use requests to developers; and thereby reduce the cost of legal
services accrued by the City. Mr. Malinen noted those specific changes to the
Standard Agreement for Professional Services addressed on pages 8 and 9 of
Exhibit A to the contract. Mr. Malinen recommended approval of a three (3)
year agreement as detailed, with the firm of Erickson, Bell, Beckman &
Quinn, P. A. for civil legal services to the City.
McGehee moved, Johnson seconded,
approval of the negotiated contract (Attachment A) for civil legal services
with the law firm of Erickson, Bell, Beckman & Quinn, P. A.
Community Development Department Request to Issue a Ramsey County
Court Citation for Unresolved Violations of City Code at 1927 Rosedale Drive
As previously noted, this item was
removed from tonight’s agenda.
Community Development Department Request to Perform an Abatement
for Unresolved Violations of City Code at 1432 Eldridge Avenue
Permit Coordinator Don Munson
provided a summary of unresolved code violations at this owner-occupied,
single-family detached home, currently owned and resided in by Rich Jewett.
Mr. Munson advised that this violation had been observed during the most recent
Neighborhood Enhancement Program (NEP); and consisted of a utility trailer
permanently stored in a front yard driveway (violation of City Code, Section
Mr. Munson advised that Mr. Jewett
had expressed his desire to appeal the administrative decision by staff to the
City Council at tonight’s meeting, and was in the audience. Mr. Munson noted
that, under current City Code provisions, Mr. Jewett’s options were to change
to a smaller trailer that would fit inside the garage, or move the trailer.
Councilmember Willmus advised,
from his personal observation of the site, that this code violation didn’t
cause the same level of concern as that of the NEP inspector; and suggested it
may be prudent for the City Council to consider revising its current code on
some of these items. If initiated by a concerned neighbor, or impacting
property sales in the neighborhood, Councilmember Willmus opined that then he
could possibly consider it a more serious violation. However, since this was
actually a rather small trailer, and it had no commercial application, the City
Council may need to revisit its existing code as it applied to these types of
Discussion ensued among
Councilmembers and Mr. Munson regarding parking the trailer in the street since
it is a licensed vehicles; snow removal concerns with that option; narrow side
yard setback on this property preventing relocating the trailer to the rear or
side yard to meet City Code; and exemption of trailers specific to needing an
asphalt or cement pad.
Mayor Roe concurred to some extent
with Councilmember Willmus’ suggesting revisiting this policy issue at a later
date. However, Mayor Roe noted that City staff was charged with enforcing City
Code in place at that time, and out of respect to staff, the City Council
needed to take that into consideration. While lacking any significant
research on his part as to potential ramifications, Mayor Roe suggested that
perhaps an exemption or process in place for such an exemption could be applied
with approval of a percentage of immediately adjacent neighbors.
Councilmember Willmus suggested
that there may be other areas in current City Code that needed addressing for
similar situations or perceived violations; and concurred that a percentage of
abutting property owners within a certain distance may be an applicable
Property Owner Rich Jewett
Mr. Jewett reviewed the specific
limitations of the property related to limited access on the right side of the
building due to two (2) existing trees and a retaining wall and landscaping area.
Mr. Jewett advised that his discussions with adjacent neighbors to the east
indicated no problems with the trailer; but acknowledged that some neighbors on
the east side may. Mr. Jewett noted that the trailer was 14’ and well below
the allowance of a 20’ boat and trailer; and opined that this created an
inconsistency in City Code. Mr. Jewett advised that the utility trailer housed
a snow blower that he used to serve other residential properties in the
community; and opined that he really had no other options for where to place
the trailer at this time. Mr. Jewett respectfully requested a variance from
City Code at this time, as he reviewed how he had come to own and reside in
this home; and his willingness to rehabilitate the home. Mr. Jewett advised
that, as a retiree, he was attempting to become part of the Roseville
community, and trying to address several issues with this property and family
members affected. Mr. Jewett opined that the NEP Inspector had been
over-zealous, and had also called the Police Department to remove a bicycle
from the front yard prematurely.
Mayor Roe acknowledged Mr.
Jewett’s sincerity; and noted that all of the City Council, as well as staff,
had also inherited some of the rules under which it and citizens currently operated.
Willmus moved, Johnson seconded,
TABLING action on this item to a date uncertain.
Community Development Department Request to Perform an Abatement
for Unresolved Violations of City Code at 1863 Chatsworth Street
Permit Coordinator Don Munson summarized
this request as detailed in the RCA dated December 10, 2012; and updated
Councilmembers on progress to-date, notices to the property owner, and
remaining unlicensed vehicles and scrap lumber on the property.
The property owner was not present
at tonight’s meeting.
McGehee moved, Willmus seconded, directing
Community Development staff to abate the public nuisance violations at 1863
Chatsworth Street by hiring a general contractor to remove and dispose of
junk/debris, and impound the unlicensed/inoperable vehicles, as detailed in the
RCA dated December 10, 2012; and authorizing staff to bill the property owner
for actual and administrative costs, and if charges are not paid, staff is to
recover costs as specified in City Code, Section 407.07B.
13. Business Items – Presentations / Discussions
Manager Future Agenda Review
City Manager Malinen reviewed
upcoming agenda items.
City Manager Malinen noted the
public reception scheduled on January 7, 2013, and 5:30 pm. swearing in
ceremony for Councilmembers-elect Etten and Laliberte.
City Manager Malinen further noted
that the Mayor’s State of the City Address was scheduled for February 25, 2013.
Councilmember-Initiated Items for Future Meetings
On behalf of the City Council and
Roseville City staff, Mayor Roe wished the community a Merry Christmas and a
Happy Holidays; and also wished Happy Birthday to City Manager Malinen,
celebrating his birthday today. Mayor Roe again expressed his thanks to Councilmembers
Pust and Johnson for their service to the community.
Pust moved, Johnson seconded,
adjournment of the meeting at approximately 8:22 pm.
Ayes: Pust; Willmus; McGehee; and Roe.