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Council Meeting Minutes
February 24, 2014
6:00 p.m. State of the
1. Roll Call
Mayor Roe called
the meeting to order at approximately 6:28 p.m. Voting and Seating Order: Willmus;
Laliberte; Etten; McGehee; and Roe. City Manager Patrick Trudgeon and City
Attorney Mark Gaughan were also present.
2. Approve Agenda
McGehee seconded approval of the agenda as presented.
Laliberte; Etten; McGehee; and Roe.
3. Public Comment
called for public comment by members of the audience on any non-agenda items.
No one appeared to speak.
4. Council Communications, Reports, Announcements and
Housing and Redevelopment Authority (HRA) Report
Mayor Roe announced upcoming vacancies in various
City Council's citizen advisory commissions, the deadline for application
(March 5), scheduled interviews (approximately March 12) and appointments to
start April 1, 2014. Mayor Roe noted vacancies were available on the City's new
Community Engagement Commission and Finance Commission (seven openings each);
one vacancy on the Human Rights Commission and the Parks & Recreation
Commission respectively; and with the expansion of the Public Works, Environment
and Transportation Commission by two additional members, a total of four
vacancies were available. Additional information is available at City Hall
or on the City's website.
announced the upcoming Roseville Police Academy on Tuesdays from March 11
through April 22, 2014; for registrants 18 years or older, with space limited
to twenty participants. Additional information or applications are available
by contacting the Police Department Communications Coordinator at City Hall.
announced the opportunity for students in the ten member City consortium of
the North Suburban Commissions Commission to participate in that body's
scholarship program, with an application deadline of April 11, 2014. Mayor
Roe noted that more information was available at their website:
CTVNorthSuburbs.org/nscc or by calling 651/792-7515.
Laliberte provided a brief update on her recent attendance at the final
community advisory task force meeting of Metropolitan Transit for the Snelling
Avenue Rapid Bus Transit Line, at which feedback was reviewed from the
recently held open house for citizens. Ms. Laliberte noted that attendees at
this commission most recent meeting included representatives from Roseville
to Minneapolis and the Hiawatha Street Station. Topics of discussion included
design for station stops and pillars for announcements and pay stations; and
Councilmember Laliberte provided concept drawings to staff for public
information, noting that main concerns in the design was practicality and visibility,
with the top five designs moving forward to technical committees of Metropolitan
As the City
Council's representative, Councilmember Laliberte also announced the first
meeting of the Ramsey County League of Local Governments (RCLLG) scheduled
for Thursday, February 26, 2014, consisting of the regular board meeting
followed by a question and answer session with legislative representatives.
Councilmember Laliberte offered to share any resident concerns with the legislators,
as forwarded to her via City e-mail.
noted that the RCLLG meetings were open to any and all City Councilmembers to
attend as well.
Donations and Communications
March Women's History Month
Mayor Roe read
a proclamation declaring March 2014 to be Women's History Month in the City
of Roseville, MN; honoring the extraordinary and often unrecognized determination
and tenacity of women.
moved, Etten seconded, proclaiming March 2014 at Women's History Month in
Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.
6. Approve Minutes
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.
Approve Minutes of February 10, 2014 Meeting
Etten moved, Laliberte
seconded, approval of the February 10, 2014 Meeting Minutes as amended.
Page 1, Line 28 (Roe)
Revise to end final sentence
with "were in attendance."
Page 1, Lines 38-39 (Roe)
Revise to read: "Mayor Roe
reconvened the City Council at approximately 6:55 p.m. and welcomed everyone."
Approve Consent Agenda
At the request
of Mayor Roe, Interim City Manager Patrick Trudgeon briefly reviewed those
items being considered under the Consent Agenda.
Etten seconded, approval of the following claims and payments as presented.
72766 - 72952
Approve Business Licenses & Other Licenses & Permits
Type of License
Jaime Blowers - Rapha Therapy
2499 Rice Street
Zhongqi Bai; New Dragon Acupressure
Massage 2201 Lexington Ave N,
Jinan Zheng; Jin River
Acupuncture and Traditional Medicine; 2780 Snelling Ave N, Suite 305
Rapha Therapy; 2499 Rice
Parkview Center School; 701
West County Road B
To conduct raffle drawing on
March 28, 2014 during annual Family Fun Night
Ramsey County Pheasants
Forever; 2800 Hamline Avenue N, #114
To conduct a raffle drawing
on March 29, 2014 during an event held at the Radisson Hotel Roseville,
located at 2540 N Cleveland Avenue
Taylor Ann Thury Charitable
Fund; 1849 Chatsworth Street N; Roseville, MN
To conduct a raffle and
paddlewheel event on April 12, 2014 at Ol; Mexico Restaurant located at
1754 Lexington Avenue N
Church of Corpus Christi;
2131 Fairview Avenue N To sell alcoholic beverages
during their fish fry events on March 14, march 28, and April 11, 2014.
Temporary On-Sale Liquor License
McGehee moved, Etten seconded, approval
of business license applications for the period of one (1) year - unless
otherwise noted - for the following applicants:
c. Approve General Purchases and Sale of Surplus Items Exceeding
Etten seconded, approval of the submitted list of general purchases and
contracts for services presented as follows; and as detailed in the Request
for Council Action (RCA) dated February 24, 2014; and Attachment A entitled,
"2014 Capital Improvement Plan Summary - Updated 01/31/2014."
Ess Brothers & Sons, Inc.
Blanket P. O. for cast iron/mortar mix (for storm sewer
Streets / Storm
Wheel Loader scale; purchased off State Bid Contract,
with costs shared equally by Street and Storm Water Funds
Receive Summary Report of Police Forfeiture Funds
Etten seconded, receipt of the summary memorandums on forfeiture accounts as
presented and detailed in the RCA dated February 24, 2014.
Set Public Hearing to Consider Approving an On-Sale Wine
License and On-Sale 3.2% Malt Liquor License for Bryant Enterprises, Inc.,
d/b/a Wing Stop located at 2100 Snelling Avenue N, #66C
Etten seconded, scheduling a public hearing for March 10, 2014, to consider
approving/denying the requested liquor licenses for calendar year 2014 for
Bryant Enterprises, d/b/a Wing Stop (On-Sale Wine and On-Sale 3.2% Liquor).
Set Public Hearing to Consider an On-Sale and Sunday
Intoxicating Liquor License for Digby's Roseville, LLC, located at 854
Rosedale Center, #1010
Etten seconded, scheduling a public hearing for March 10, 2014, to consider
approving/denying the requested liquor licenses for calendar year 2014 for
Digby's Roseville, LLC (On-sale and Sunday Intoxicating Liquor; and Outside
Sales and Consumption Endorsement).
8. Consider Items
Removed from Consent
General Ordinances for Adoption
Lake Owasso Water Ski Course and Jump
Rosand provided a brief overview of the purpose of tonight's Public Hearing
to receive comment on the request as detailed in the Request for Council
Action (RCA) dated February 24, 2014. Lt. Rosand advised that affected property
owners had received mailed notice and the hearing had been posted in accordance
with State Law. Lt. Rosand further advised that staff recommended approval
of the request for permit of the water ski course and jump from the Ramsey
opened and closed the Public Hearing at approximately 6:44 p.m. for the
purpose of hearing public comment on the 2014 request for placement of a water
ski course and jump on Lake Owasso; with no one appearing for or against.
Business Items (Action Items)
Approve Lake Owasso Water Ski Course and Jump
moved, McGehee seconded, approval of the Lake Owasso Safe Boating Association's
request for a permit from the Ramsey County Sheriff for a water ski course
and jump on Lake Owasso for the 2014 season.
Award Bid for Rehabilitation and Maintenance of the Interior
and Exterior Coating Systems for the Fairview Avenue Water Tower
Director Duane Schwartz provided a brief history of this water tower
completed in 1962 and recoated in 1995 for removal of lead-based paint; and summarized
the request to extend maintenance on the tower as detailed in the RCA dated
February 24, 2014.
reviewed the scope of services proposed, which would be an attachment to the contract
itself, with two proposals received and both proposed installation of a mixing
system to minimize ice build-up in the tank. After review of references for
both firms, their safety record, and other considerations, Mr. Schwartz
advised that staff was recommending awarding the bid to S.E.H. Design Build,
a local firm.
noted that the City of Little Canada was pursuing a similar project, and if
their City Council recommended the same project team, anticipated being able
to coordinate projects for both cities to realize some economies of scale, as
well as better control of the maintenance schedule, since both cities relied
on each other for back-up emergency water service.
As noted in
the RCA, Mr. Schwartz advised that Finance Director Chris Miller had
completed a net present value and financial analysis and concurs with the
proposed five-year contract as serving the City of Roseville best.
noted that the three communications providers located on the tower had been
noticed of the recoating this summer, as per their contract, were required to
remove their equipment to a temporary location to be coordinated with City
staff. Mr. Schwartz advised that, as the City of Little Canada determines
their project scheduled and team, Roseville staff would then coordinate a
timeframe this summer to initiate the maintenance work. Mr. Schwartz noted
that there would be little impact to local customers beyond minor pressure
fluctuations, most noticeable in the SW area of the City, even though the
City would still be connected to the Arden Hills tank for additional storage
capacity as needed.
included the epoxy type coating for the inside of the tank provided by a
long-term and reputable company; duration of the maintenance program in 2014
estimated at approximately eight weeks; need for an internal loan to the
Water Fund from the Sewer Fund for the first year payment of $605,000 due to
a lack of funds in the Water Fund at this time; original cost projections of
$800,000 in the Capital Improvement Program (CIP) budget projections; and
deferment of the work based on favorable annual inspections over the last 3-4
years, with the last inspection indicating that it was now time to complete
the work due to concerns evidenced with internal rust.
moved, Willmus seconded, approval to authorize the City Manager to enter into
a five (5) year maintenance contract with S.E.H. Design Build for the
rehabilitation, recoating, and maintenance of the Fairview Avenue, 1.5
million gallon water tower in an amount not to exceed $694,500 over the term
of that contract.
Mayor Roe recessed the meeting at
approximately 6:58 p.m. and reconvened at approximately 7:02 p.m.
Business Items - Presentations/Discussions
Discussion with Legislative Representatives
welcomed and recognized State Senator Bev Scalze; Representative Alice
Hausman; Representative Jason Isaacson; and State Senator John Marty.
reported on twenty trips taken by her Tax Committee statewide to review
potential projects for funding by State bonding, noting that the committee
had received approximately three times more requests based on value compared
to available monies. Sen. Scalze advised that she was authoring two bills,
one with Representative Isaacson, basically focused on bridges and
infrastructure needs. Sen. Scalze recognized that the NE Metro area had not
been well-served with funding for transit and/or infrastructure needs; and
offered her ongoing support for replacement of the Rice Street bridge over
I-694 and two interchange replacements on I-35W near TCAAP anticipating
future development in that location.
thanked the City of Roseville for two letters she had received and retained,
offering the City's support of sale tax exemptions on municipal purchases;
and another supporting legislation authorizing establishment of street
improvement districts, with the former having succeeded and the latter not
encouraged the City to continue contacting her with ideas or issues needing
context of this legislative session, Rep. Hausman expressed her interest in
undoing some bad habits and setting a course to retain a more stable and
sustainable financial picture, restoring cash flow accounts to certain
levels. Rep. Hausman noted that funds had been restored to the airport fund
allowing MnDOT to make other investments around the state, as well as
repaying schools their funds. As others compare the economies of MN with, as
an example the State of WI, Rep. Hausman opined that MN was measuring better
than them due to being willing to invest in education in the last session;
with education and infrastructure remaining the top priorities. Rep. Hausman
noted that the bonding bill had not passed last year, and was harder to pass
than other legislation as it required a super majority vote, and the House
was five votes short of the required eighty-one votes. Rep. Hausman noted
that the refurbishing of the Capitol building was a big task and a large
investment need that tended to overshadow other things, even though it was
only one project, but noted that it would only be done once in a century. While
unfortunate that it appeared to be getting in the way of other things, as
Chair of the Capital Investment Committee responsible for writing the bonding
bill, Rep. Hausman expressed her hope that this year would be more successful
in achieving those priorities mentioned earlier, noting that it was important
to be fair to all regions and sectors of the state.
suggested that it would be helpful to talk about the turnaround in the
economy that created opportunities for legislation; and even though there was
a cushion of cash due to retaining a balanced budget, she opined that this
was not the time to open up that budget and spend more money, until it was
determined if the economic recovery was sustainable. While cautioning any
feeding frenzies, Rep. Hausman suggested it is time to do one-time spending
on infrastructure needs and make that investment now, perhaps with General Fund
funding to take the pressure off debt capacity, and not take on any more debt
that can be afforded to sustain the path to recovery and make good,
As Chair of
the Energy and Environment Committee, Sen. Marty expressed his anticipation
of a quieter and shorter session this year, with renewable energy addressed
last year; and now moving toward planning for the next generation and setting
aside a process. Sen. Marty anticipated following up on last year, not with
as much new legislation, but addressing a number of water quality/consumption
issues, and working with the DNR and neighboring suburbs and their concerns
with diminishing groundwater levels.
Sen. Marty also expressed his appreciation for correspondence from the City,
and looked forward to continuing to work with the City of Roseville; noting
the City's current consideration of organized collection and expressed his
personal support as a Roseville resident in pursuing that based on his past
experience and knowledge of other cities and advantages in such a system,
using several examples (Cities of Maplewood and Sauk Rapids). Sen. Marty
noted the work done by his committee in passing legislation last year
allowing cities to work through a logical and rational process with existing
haulers, even though this still remained a contentious and emotional issue.
Only in his freshman
term, Rep. Isaacson expressed his biggest initiative in how best to approach
and reinvest in vocational education, a long forgotten area, with equal time
and respect with liberal arts education opportunities. Rep. Isaacson noted
that he had written a bill for the last session on how best to meet the needs
of manufacturers in the State, with the availability of thousands of jobs
working with medical technology devices, modular homes, and metal
manufacturing as just a few examples. Rep. Isaacson opined that a review of
the full scope of how the State looked at education and vocational training
was indicated, suggesting employees get a job and then receive an applicable
education to avoid so much debt in getting that necessary vocational training
and providing better communication between employers and higher education
functions. Rep. Isaacson referenced recommendations received from a recent
task force, and while not as comprehensive as he would like going into a
budget year, providing options on how best to reinvest in all levels of
education, from middle school students involved in technological courses, and
giving schools the tools they need. Rep. Isaacson advised that this would be
his focus over the next few years.
provided a shameless plug for the Rice Street bridge at 694, opining that he
hoped it made it into legislation as currently written, since in viewing an
area map it was obvious that the I-694/I-494 are had not be sufficiently
served, even based on the sheer number of bridges built on either side of
that corridor; and expressed his hope that the bridge made it into the
expressed his passion about his home area and the ability of legislators to
blatantly ignore the needs of the Northeast Metropolitan area; advising that
a coalition of him and other legislators was planning an end to that by
making a stand to get the needed infrastructure in this area comparable to
other regions and counties. Rep. Isaacson advised that they were currently
putting together a bill to stipulate that from now on, any newly enacted
taxes that were specific to the seven county metropolitan area would specify
that all funds would be returned to that area and not allow the money to be
allocated elsewhere to avoid this continuing to occur. Further, Rep.
Isaacson expressed his interest in repealing three recently enacted bills:
business to business taxes, warehouse taxes, and communication taxes; noting
that a hearing was scheduled next week to consider such a repeal.
concurred with Rep. Hausman that a larger rainy day fund was necessary than
the current levels.
recent news articles about basic standards for teacher licensure, Rep.
Isaacson noted the need to review facts versus political maneuvering; and
impacts in that previous legislation in the State of MN that caused the State
to lose good teachers and discourage more from coming to work in MN. While
it was necessary to hold teachers to a high standard, Rep. Isaacson opined
that it should not be an unrealistic standard, but allow for a fundamental
skill set versus what was currently written.
thanked each legislator for their presentations; and their support for the
City of Roseville's interests at the state level.
among legislators and Councilmembers included organized collection and
differences for cities organized under previous laws versus current
legislation retaining market share for existing vendors and potential cost
savings for residents; defining where legislators stood regarding bonding
bills and the proposed Metro Transit's Bus Rapid Transit line on Snelling
Avenue; current status of and future needs to increase capacity on Highway 36
through Roseville, not just further east to address afternoon peak traffic
and increased traffic as the Wisconsin bridge was completed to avoid
under-building that local infrastructure; differencing in funding (e.g.
General Obligations bonds for local roads and bridges versus Trunk Highway
Bonds paid with other funds); concerns raised about economic boosts to the WI
side of the bridge even though the State of MN will be paying for half the
bridge cost the bridge in its entirety, creating additional transportation
problems and major implications; and difficulties in addressing some areas
during an election year such as 2014.
discussion included potential use of the proposed vocational education
legislation as a magnet to draw industry into MN by partnering with them to
provide trained workers specific for their business; status of MN having more
Fortune 500 companies than any other state in the nation; need to reinvest in
those workforce skills to retain those businesses; how to encourage
international businesses to locate initially in MN; ideas to encourage water conservation
while being able to fund water systems and retain water quality for
individuals and families and incent those attempting conservation efforts.
discussion included potential minimum wage compromises by the House and
Senate and eventual successful legislation this session, hopefully indexed
for inflation, but recognizing some businesses that would be placed in difficult
positions (e.g. restaurants and businesses in border cities); and concerns in
not creating a situation where additional subsidizing was needed for the workforce
and/or their families to be unable to afford the basics in their life - or
creating unintended consequences.
expressed their personal and corporate frustration of legislators in last
minute deal making at the end of sessions, creating too many areas for
omission, confusion or error in crafting language during those trade-offs,
especially with bonding bills;
addressed specifics for Roseville and legislator assistance, some outside
League of MN Cities (LMC) lobbying efforts in addressing vocational and
educational efforts for the current Business Retention and Economic Development
efforts of the community; clarification of sales tax exemption in several areas
to define what is and is not covered for cities to address challenges being
experienced for Municipal Finance Directors and whether services are provided
in the private sector, or Joint Powers Agreements (JPA's) and whether they
are covered or not.
also spoke of the City's support for the legislature to update and modernize
legislation regarding newspaper notice requirements and processes, allowing
jurisdictions to use other methods of notice.
addressed that issue, coming before her committee later this week, noting
that it was receiving a huge pushback from the AARP as well as local
newspapers publishing locally and their specific concerns that many people
did not have internet access and/or computers; as well as the number of
disclaimers for any notice issues that were found on City websites. Sen.
Scalze opined that such an effort was going to have difficulty getting enough
thanked legislators for their efforts in changing legislation regarding
determining public/private e-mails and what was available to advertisers to
thanked the legislative representatives for their attendance, presentations,
and discussion; and wished them well as the legislative session began tomorrow
Suburban Transit Presentation
handout was provided to Councilmembers, attached hereto and made a part
hereof. Mayor Roe welcomed representatives of this group, consisting
of City of Shoreview Councilmember Ady Wickstrom; White Bear Lake Mayor Ms. Jo
Emerson; and St. Paul Chamber of Commerce Executive Director Jonathan Weinhagen.
provided an overview of this GEARS Committee (an acronym for Grant Evaluation
and Ranking), of which she had been involved for three years to address major
gaps in funding and recognition of the western and eastern areas of the
metropolitan community. Ms. Wickstrom referenced several maps and materials
included in the bench handout; and priority projects needing attention. Ms.
Wickstrom invited the City of Roseville to work with this regional group in determining
where transit should be located and the type of transit to best serve this
northeast metropolitan area. As an example, Ms. Wickstrom noted how long the
NE Diagonal Study had been in place and how difficult it was to keep it in
everyone's attention, creating ongoing disappointments in that lack of
recognition. Ms. Wickstrom noted that, with new development occurring in
White Bear Lake and Roseville, there remained a large gap in addressing
transit needs for these large employment and population bases.
advised that as the first process in a local preferred alternative, a
cooperative effort of those located in the east metropolitan area was needed
to get projects cued up sooner, so when funding became available in upcoming
legislative sessions, things were ready to start work on those projects.
referenced the "Return on Investment" scenario in the bench handout, and
addressed ways to remain competitive by retaining businesses through investment
in regional transit efforts. Given the previously referenced recognition of
the number of Fortune 500 companies located in MN, Mr. Weinhagen opined that
it provided a compelling case to make investments and ensure a return on
those investments in a broader business community effort; and addressing the
disparity between the east and west metropolitan area.
As part of
the Chamber's initiative entitled, "East Metro Strong" Mr. Weinhagen noted
the successful grant award for the Counties of Dakota, Washington and Ramsey
to focus on coalescing this effort and addressing parity. As part of that
effort, Mr. Weinhagen expressed pride in achieving the proposed Snelling
Avenue Bus Rapid Transit route, extending from Highway 36, and hopefully
future phases into the TCAAP redevelopment area, and also serving
Northwestern and Bethel Universities with transit opportunities.
noted an upcoming project scheduled for funding by the legislature this year
for the Gateway Corridor from St. Paul to Woodbury; and while maybe not
affecting the NE metro substantially, she opined that it helps the east
metropolitan area to get started, and made sense for the coalition to get
behind those efforts as a first step. Ms. Wickstrom noted the support of U.
S. Senator Betty McCollum in extending that Snelling Avenue (Line A) beyond
Rosedale to serve Northwestern and Bethel and future businesses in the Arden
Hills area and the large employment base and business community there, a
significant population currently not being served.
noted that this coalition had come about as a result of a conversation among
the four of them and realizing that their colleagues in south and west metro were
better organized. Mayor Emerson advised that this was why they were asking
the City of Roseville, along with other north and east metro cities in Ramsey
County to join in this project to speak as one voice and stand together at
the Capitol. While recognizing that they may not get it right the first
time, Mayor Emerson opined that transit must continue to grow in Ramsey
County, and asked that the City of Roseville join them in this effort for the
benefit of the region, not just individual cities.
McGuire, Ramsey County Board of Commissioners
McGuire offered her support of this presentation and efforts; expressing her
gratefulness in working with east metro area cities and their cohesive
efforts for transit, including the NE Diagonal, a study group that she
continued to serve on.
Mayor Roe offered
the City of Roseville's general support at this stage.
Laliberte, as a local representative for the BRT Committee, expressed her
frustration in not feeling that Metro Transit was hearing the needs of this
area; their lack of interest in extending the line beyond the transit hub at
Rosedale; and concerns that any expansions will be tied to the next phase if
and when TCAAP developed, and not soon enough to address continuing transit
needs in northeast suburbs. Councilmember Laliberte noted that Northwestern
University has had direct contact with Metro Transit as recently as last
week, to no avail; and her continuing impression that the line will
definitely stop at Rosedale. Councilmember Laliberte welcomed any voices of
support beyond hers.
McGuire expressed appreciation for those concerns; advising that everyone was
working hard to get the Metropolitan Council to see things more clearly and
to address needs earlier than development of the TCAAP area, which was all
but assured to be serviced by the BRT line once that development occurs.
advised that the Chamber was always lobbying for additional transit in this
area, and now was the time to leverage the needs of Northwestern and Bethel
Universities as the Green Line opens in a few months.
suggested, on the northeast and east metro side, the need to be smart in how
available monies are spent, by having preliminary work in process or
completed as opportunities arise; but also not locked into a particular mode
of transit in the area, since a lower level of transit funding could still
accomplish a lot toward broader goals. Mayor Roe noted the significant
expense for rail transit lines and the difficulty in getting them to work
adding further costs; and while maybe justified in some corridors, other
options may serve the area transit needs and extend available funding beyond
that through creating feeder lines for universities to make necessary
connections, with some footprints already available in some manner or other.
addressed proposed federal funding changes she'd heard at a recent CTIB
meeting, for more dedicated lanes and those addressing sharing or not sharing
rights-of-ways for future projects; and how to tie in a solid infrastructure
for any line installed so developers can be aware of that as they considered
locating to this area. Ms. Wickstrom opined that feeder lines would
naturally occur with changes in bus service to transport people to those
suggested the need to advocate for state and county funding, not just federal
funding, and to be united in the advocacy for those funds.
discussion on the rationale in not extending the Snelling Avenue BRT line
beyond Rosedale, Councilmember Laliberte advised that she had been told that
ridership in the past at the colleges didn't justify setting up a stop.
Councilmember Laliberte noted that she countered with the argument that the
reason they don't have sufficient ridership is because the universities have
established their own circulator buses to supplement student transportation
needs, thus creating a lower ridership on Metro Transit vehicles due to a
lack of availability or dependability for those students.
McGuire encouraged Councilmember Laliberte to keep pushing this with the
newly-appointed Metro Transit representative for this area and the
Metropolitan Council for any options available; to speak louder and keep the
pressure on to hopefully achieve results.
suggested that voice and pressure be accomplished through "East Metro Strong"
for one voice; opining that once one or two had been accomplished in the
county, it would be easier to build off them in the future, but the first
step was to get them in the county. Mayor Emerson noted that all
Councilmembers would be receiving invitations to attend upcoming "East Metro
Laliberte concurred with Mayor Roe's suggestion and cautioned that smaller
projects were easier and quicker to move through versus larger projects with
bigger dollars and funding harder to find.
noted that, if success was achieved with smaller projects, it would provide
more clout for future projects, whether large or small.
Mayor Roe suggested
to staff to get the new Metro Council representative, Marilyn De La Cruz, to
attend a future meeting to continue this discussion.
Mayor Roe recessed the meeting
at approximately 8:25 p.m. and reconvened at approximately 8:36 p.m.
Ramsey County Economic Prosperity Presentation
handout consisting of ten graphs as part of tonight's previously distributed
presentation, was provided and attached hereto and made a part hereof.
Commissioner Mary Jo McGuire and Ramsey County Director of Policy and Planning
Ryan T. O'Connor were present for this presentation.
McGuire provided a brief history of this initiative or goal adopted by the
Board of Commissions a year ago in an effort to cultivate economic prosperity
and combat concentrated areas of financial poverty. Following this presentation
to cities within the county and other jurisdictions and agencies, Commissioner
McGuire advised that the County would be holding internal workshops to
determine how best to accomplish these goals collaboratively throughout the
highlighted data from various sources, noting that the County could not do it
alone, but could serve as an anchor institution for the metro area. Mr.
O'Connor reviewed the initiative's four key policy themes: our people are our
future; intensity of land use matters; new partnerships can drive change; and
the need to build on the existing foundation. Mr. O'Connor addressed ways to
build strong, mixed income communities; three major areas as key initiatives
in Ramsey County; and identifying opportunities for collaborative
among presenters and Councilmembers included noteworthy statistics and
various perspectives on housing and industrial issues based on fiscal disparities;
how the City could contribute and inform the county and how they could work
together to achieve the goals; encouragement for greater collaboration with
Ramsey County, especially the huge priority for Roseville and the region in
sidewalks and connectivity, including along County Roads; assistance in
developing the Twin Lakes Redevelopment Area and clean up of pollution in
smaller areas beyond TCAAP for the broader community; and increasing economic
prosperity and redevelopment efforts for the entire region throughout the
county; and how to overlay comprehensive plans throughout the county to
connect redevelopment pieces and provide greater markets for the entire
Minneapolis/St. Paul area.
discussion included more emphasis on the need for connectivity in bringing
the communities and regional opportunities together to avoid concentrated areas
of poverty or disconnects for the broader region; efforts of "Greater MSP" in
recruiting businesses for the entire region and unique opportunities
throughout the County and potential for future economic development efforts
by the County to assist regional and individual community interests; better
integration throughout the county of public infrastructure with the workforce
as well as better marketing internationally.
suggested that, with the different residential to commercial ratio of
Roseville compared to the rest of the county, it may serve as an exemplar to
other communities in getting the balance right and serve as an object lesson
going forward. Specific to help with connectivity, pathways, and addressing
or avoiding poverty pockets, Mayor Roe noted that there were several High
Density Residential (HDR) complexes in Roseville that had no sidewalk or
pathway access to transit routes, including several multi-family areas on
County Road B and Dale Street, with people having to walk on the street to
access bus stops. Mayor Roe suggested that the County leverage funding when
available versus the City having to rely on federal funding to improve that
access for those residents to get to work and improve their situations and
quality of life in terms of poverty concerns.
McGuire noted that she had also heard this from others; and while there were
some things that the county could do, some they could not. Commissioner
McGuire offered to get back to the City Council on whether some access could
be approved, with passage of the wheelage tax, allowing for installation of
more sidewalks on those roadways to include pedestrian facilities, even though
the list of needs was long.
expressed his appreciation to the City Council for their ability to provide
specific items, and as other communities struggle with the balance of residential
and commercial mixes for their tax base, thanked Roseville for their willingness
to serve as leaders and be involved for other municipal parties.
this winter in particular and connectivity in moving people, Councilmember
Willmus suggested one way to address that access would be for the County to
more aggressively treat its roadways or plow them sooner to make them
passable. However, Councilmember Willmus noted the need, in a winter like
this, the need to have funds available to fund that work was needed and may
need to be better anticipated; especially with ice control for roadways
and/or sidewalks along major arteries running through Roseville.
concurred, noting the need for Ramsey County to plow before their streets
were so packed down and ice developed; to get the snow removed before that.
McGuire concurred that the County arteries weren't plowed fast enough, and
advised that she would bring it to the attention of the County's Public Works
Department. Commissioner McGuire welcomed suggestions and feedback at any
time; and thanked the City Council for their work on behalf of the citizens
Discuss Winter Weather Related Public Works Issues
Director Duane Schwartz brought to the attention of the City Council and
public the challenges experienced over the last month or so with winter
weather conditions. Mr. Schwartz advised that, to-date, the Public Works and
Parks & Recreation Department had fifteen full plowing events this
season, and 55 inches of snow, with a typical season averaging under ten
events, and still March and April to get through. Mr. Schwartz noted that
there had been an additional twenty-five other snow/ice responses required,
which was also far above average.
advised that the City had also used 130% of its average ice control material,
and was having difficulty - along with the State and County - in purchasing
additional materials. Mr. Schwartz advised that the State Bid contract
provided a minimum of 80% and maximum of 120% average spoken for by the City
for their usage, with some storage in Roseville and other storage elsewhere.
Usually, Mr. Schwartz noted that in 2012/13 season, the City experienced its
average usage with very little carryover of materials. Given the
extraordinary circumstances of this season, Mr. Schwartz advised that there
was a significant shortage of available supplies, with most agencies even
unable to purchase additional materials. Mr. Schwartz advised that the City
had ordered another several hundred gallons of the beet juice mixture used
for ice control, along with a host of other available products, all above and
beyond normal prices and fairly expensive and meant as an additive to salt
treatments. Mr. Schwartz advised that over the last few weeks, staff had
resorted to mixing that material with sand; and there may come a time in the
next few weeks when they would be completely out of those materials and
having to use pure sand for grit. Mr. Schwartz advised that his intent was
to alert the City Council to what is and may become a much more difficult
noted that, just this past week's event of rain in the afternoon turning into
snow right before rush hour, along with several other events experienced this
season, staff had to make a guess in how best to treat roadways since it only
had one opportunity to do so based on the availability of materials and
timing, as well as staffing levels. Mr. Schwartz noted the need to time the
process correctly to move the most snow before the major temperature drop;
advising that crews went out at 10:00 p.m. after having worked most of the
day, with some street crew members going home at 1:30 p.m. to get some sleep
and preserve hours; and then plowing all night into the early part of the
following day. Mr. Schwartz opined that he found the results fairly decent
in accomplishing what they could; even though there was evidence of some ice
build-up on busier roads. Mr. Schwartz noted that other agencies went out at
different times, and were also dealing with the same shortage of ice control
materials. Mr. Schwartz noted that this type of event provided a clear view
of the difference in sun on asphalt versus concrete response. Mr. Schwartz
noted that, with very little melting due to the cold temperatures, while
crews were hauling snow from cul-de-sacs, there was no room left for any
additional snow storage.
Mr. Schwartz highlighted the concerns he raised in the RCA dated February 24,
2014, regarding the City's experience with frozen water services since the
end of January and the number reported, including additional customers over
the weekend; and advised that currently there were twenty-two customers
without water in the City; thirty-two services back after City crews assisted
in getting those services back on and water flowing. However, Mr. Schwartz
advised that nine of the twenty-two customers without water were unsuccessful
in attempting the hot water melting method.
While this is
a statewide problem, Mr. Schwartz noted that frost depths were down to 7" and
he expected them to go deeper based on the forecast over the next few weeks.
Mr. Schwartz advised that average high temperatures during this time of year
were typically at 32 degrees, but over the next few nights predictions were
for ten below zero degree nights, which will drive the frost deeper, and he
anticipated getting more calls. Mr. Schwartz advised that to-date they
hadn't had any public water mains freeze, but the potential was there
especially on dead end lines. Mr. Schwartz noted that some of the freeze-ups
in private service lines were where residents were out of town, but other
problems were also being found with the majority of freeze-ups occurring
under streets with longer services or driveways with grade changes. In
Roseville, Mr. Schwartz advised that water mains were typically constructed
ten feet one side or the other of the center line, and those private service
lines located further away from the building to the main were seeing the most
issue. Mr. Schwartz advised that those having a short side service typically
had only a few feet exposed to extreme depth of frost, with other problems
related to soil types (e.g. sandy soils) in those areas.
advised that, even as early as the end of January, staff was becoming aware
that there were few private sector companies available to assist property
owners in thawing lines due to liability issues, limited success this year in
thawing lines, and the need for significant bills to accomplish effective
results; as well as property owners getting timely results. Of those few
contractors with available equipment or willingness to thaw lines, Mr.
Schwartz noted that they were responding to multiple cities and properties,
and experiencing similar logistical issues as being experienced in the City
As staff is
available, Mr. Schwartz advised that they were responding to assist
homeowners; and most of the service requests are not on the City's annual
freeze- up list of approximately 100 properties that the City asks to run
water at certain areas or lines to avoid freeze-ups. Mr. Schwartz advised
that staff responded to those traditional and annual issues; but if not on
the freeze-up list, once the City got their service up and running and
installed a device to prevent any repeat problems, the problem became that of
the property owner.
the difficulties experienced this season and depth of frost, Mr. Schwartz
advised that the City was only having a 50% success rate due to the length of
the lines and lack of pressure with existing equipment, as well as often
hitting connections of curb boxes and unable to get through the line to a
sufficient length to alleviate the problem.
While a few
private sector firms will thaw lines with electric current, essentially with
a portable welder and high amperage electricity, Mr. Schwartz noted that this
had been difficult at times, as well as posing significant risks, one of the
reasons so few welders were willing to perform that service any longer due to
their insurance companies demanding they not provide the service due to
potential fires. Mr. Schwartz noted that this situation had been experienced
in Roseville last week where a house across the street from the home being
serviced encountered an issue and the Fire Department had to be called, a
risk with high amperage current not having sufficient conductivity.
noted that, with the City's limited installation of plastic water lines over
the past few years, it became an issue where only hot water thawing could
work; and one service line was experiencing difficulty in thawing due to that
piping construction. For various reasons, Mr. Schwartz noted that there was
no guarantee that the City could get everyone of those homes back in service.
advised that communication had been put out on the City's website as well as
other means to alert residents that they should pay attention to the temperature
of their cold water, and if below 35 degrees, start a small stream of water
continuously running until temperatures are higher. Depending on the volume
of the water running, Mr. Schwartz estimated that this could cost homeowners
an additional $10 to $25 per month.
advised that his research and survey of other cities and how they handle
these costs indicated a wide variance: leaving residents on their own, taken
care of by the City (e.g. City of Bloomington), all thawing done at city
cost, a flat fee charged by the City to thaw lines (e.g. White Bear Lake at a
$250 flat fee). However, Mr. Schwartz noted that these current conditions
are extraordinary, but are forecast to continue for another week or more.
Mr. Schwartz highlighted the issues needing consideration by the City Council
· Whether or not to bill residents all or partial costs;
· Whether or not to credit water usage as seen in recent
newspaper articles as being done by some cities;
· Recognize that cost per service line could range from $300 to
$2,000 or more per line depending on the effort expended, with the average
probably closer to $800 to $900 to thaw; and
· For those the City could not get back into service, what was
the option - to hook up to neighbors or a fire hydrant, but still requiring
water usage to keep the line functioning.
asked that Councilmembers discuss the best approach and how to respond to
this unusual circumstance.
Willmus opined that he would be willing to do what was possible to forego
water expenses for those having issues and running taps to prevent the line
from freezing. Councilmember Willmus noted that his major concern was the
City being an intermediary in hiring a firm or bringing a firm in to hook up
a welder, opining that he thought that being in that position should be
avoided if at all possible. Councilmember Willmus suggested that the City
could provide contact information for those firms providing that type of
service, but the City's role should not extend beyond that information. Councilmember
Willmus opined that he was willing to forgive charges for those running a
stream of water to avoid freeze-ups.
request of Mayor Roe, Councilmember Willmus confirmed that his concern was
the liability risk for the City in serving as an intermediary.
McGehee expressed concern with insurance, and if the freeze-up was in the
line under the street, opined that it was the City's responsibility to provide
water service. While nature had given everyone a nasty hand this year,
Councilmember McGehee opined that the City couldn't just ignore people without
water, when it had initially forced people to hook up to City water. Councilmember
McGehee further opined that, especially if the problems were under the
street, the City should do something about those who need to keep water running
and install devices to do so.
Etten clarified with Mr. Schwartz the City's responsibility and homeowner's
responsibility for water and/or sewer lines and subsequent liability, arguing
in the reverse of Councilmember McGehee, that anything outside the City's
mains were the responsibility of the homeowner. Councilmember Etten
expressed concern that the City not create a precedent; but agreed with
looking at average water use over a certain period of years for those
homeowners experiencing problems, and making adjustments. However, Councilmember
Etten questioned how to determine those certain users or if applicable across
the City. Councilmember Etten supported the City attempting to thaw the line
with the hot water treatment, and if that proved unsuccessful, connecting
them with a private firm. Councilmember Etten questioned if the City was
eating the cost in the short-term and not billing those customers, or
fronting the money now and making a determination whether or not to bill the
responded that the bills had not been paid; and some homeowners were telling
firms to send the bill to the City even though City Code clearly states the
private lines are the responsibility of the homeowners. Mr. Schwartz advised
that residents had been told to-date that they may be getting a bill.
request of Councilmember Willmus, Mr. Schwartz clarified that the property
owner was responsible for the service line up to the main, not just up to the
request of Mayor Roe, Mr. Schwartz reviewed the process for installing a
device on a faucet to keep water running by drilling a small hole in the line
with a clamp over the line and valve, similar to an ice maker on a
refrigerator. Mr. Schwartz confirmed that the cost of the devices were
minimal and when installed by City staff, the only significant cost was in
staff time in thawing the lines and then installing the devices.
McGehee questioned whether or not some cities actually kept responsibility
for a line through the easement and up to the property line versus at the
main. Since most freezing appeared to be under the street, Councilmember
McGehee opined that it was well within the City's easement.
Mr. Schwartz responded
that the split was about 50/50 in how cities calculated it.
Willmus noted that this issue involved county roadways within Roseville as
well, not just roadways under City jurisdiction.
responded affirmatively, noting that those were the most difficult
situations, since they were typically wider roadways.
Willmus noted changes over the last few years made to the City's sewer policy
due to similar issues, and moving forward with a preventative backflow
device. Councilmember Willmus suggested a similar preventative for service
line installations or road projects in areas we know may have problems, and
taking steps to insulate those lines at that time.
clarified that the City had a freeze-up list prior to this year of which they
were aware, and as road projects came up, they addressed those issues through
calculated that, if the average cost for unfreezing a line is $850, the cost
for fifty-five homes to-date could cost the City $40,000 to $50,000. Mayor
Roe agreed that, if people were running water to help solve the issue, the
cost should be spread across all rate payers, as cheap insurance. However,
Mayor Roe noted that there should be a sign up program to know who those
noted that there was another problem, as he and Finance Director Miller had
discussed, referencing a newspaper article last week about the City of
Winona, and residents credited over a certain time period at 500 gallons of
water per day, with a cost to that City of $1.3 million. Mr. Schwartz
cautioned the City Council to give considerable thought to the terms to allow
credit without knowing how to control the stream of water. Mr. Schwartz
noted that the cost was not limited to the actual water used, but also the
City's treatment costs of that water to the Metropolitan Council.
unusual this circumstance is, Mayor Roe opined that it was unlikely to
experience 100% of the City's water users participating.
concurred, noting that the potential was there to have a significantly higher
number of freeze-ups, anticipating even double or triple the current number
over the next few weeks. Mr. Schwartz advised that the City could not be
aware of which ones may be problems, although a certain pattern was
developing in freeze-ups in areas with sandier soils, and certain
neighborhoods. Mr. Schwartz advised that staff suggested a direct mailing to
those neighborhoods at a minimum advising them to leave a stream of water
Willmus noted, in identifying or targeting those specific areas, if the City
determined the amount of flow needed to keep water lines open, the City could
specify that it wouldn't compensate beyond whatever that formula was based on a certain number of gallons per day for that quantity of usage on their bill.
Laliberte opined that it wasn't just compensating their usage, but the
additional needed to keep the line open. Councilmember Laliberte opined that
the City needed to mail specific neighborhoods, not just use the website, to
ensure information got to all residents, and using all means necessary and
other media sources to alert people. Councilmember Laliberte advised that
she shared liability and precedent concerns expressed by her colleagues;
noting that even with this summer's storms, tree removal on private property
required residents to get those trees to the curb for removal or perform the
work themselves to avoid liability issues.
request of Mayor Roe on a consensus of the City Council to address this issue,
Councilmember Etten opined that the City needed to act now to get information
to residents in target zones, as the responsible and wise thing to do, since
the City had available information and could be proactive and act as quickly
concern mentioned by Mr. Schwartz, Councilmember Etten noted a phone call
he'd received last week from a family with one of those plastic water line
hook-ups, and their situation of not being able to live in their home over
the next month. In that extreme circumstance, Councilmember Etten questioned
what they needed to do and who was ultimately going to pay. Councilmember
Etten noted that they were concerned, and the potential precedent if the City
paid for their hotel for 4-6 weeks versus them going to their insurance company
for a solution. Councilmember Etten opined that a decision needed to be
finalized sooner versus later; with the first responsibility to attempt
thawing with the City's hot water system, and if unsuccessful, the City could
provide contact information for private firms to assist homeowners to take
things to the next level; but clarifying that the property owner was
responsible for all remaining issues.
Laliberte agreed with Councilmember Etten, that a decision needed to be made
tonight and complete the discussion tonight in order to communicate the full
story and expectations of what the City was willing to do and what it would
not do; and the measures that should be taken by a homeowner in working with
their insurance companies.
opined that part of that solution is "why" as indicated by City Code so
residents didn't feel the City Council had simply made a spur of the moment
McGehee opined that the important information was the 35 degree threshold
identified by Mr. Schwartz that she had not been familiar with; and the need
to get that information out to avoid further issues. Before proceeding too
far however, Councilmember McGehee expressed her preference to know what a
typical homeowner's insurance policy did or did not cover; opining that until
information was made available of what anybody was going to get from their
insurance if possible, and whether installation of plastic piping by the City
was to be taken into consideration. Councilmember McGehee reiterated her
comment that the situation was that the City had told people they couldn't
have private wells, and had to get their water supplied by the City's
infrastructure, and that infrastructure was now failing.
Councilmember Willmus concurred with Councilmember Etten on the need to take
the extra step and attempt hot water jetting for those frozen at the City's expense
to get the lines open and figure out the system to accommodate those needing
to run water. However, Councilmember Willmus stated that he still struggled,
regardless of private well of City water, which portion of the line was the
responsibility of the property owner and how to handle or mitigate that. Councilmember
Willmus supported proactive steps available sooner rather than later.
Laliberte expressed support in the City attempting to get water running again
by City staff using the hot water system, but any further steps needed being
the responsibility of the homeowner with an outside vendor. Councilmember
Laliberte supported staff attempting to get the water running again and not
have the problem get worse; however, if staff was unable to fix it with that
hot water system, the City was then done.
Willmus seconded, that staff be directed to provide hot water treatment of
frozen lines and provide target mailings to areas of concern with recommendations
for preserving water service, including the City's covering the cost of
running a reasonable amount of water use to continue running as applicable.
request of Councilmember Laliberte, Councilmember Willmus suggested that
staff determine which media sources to use for providing that notice based on
which homes were affected.
McGehee noted her vote in support was given, but she still had remaining
request of Interim City Manager Trudgeon for clarification, Mayor Roe
clarified that the City would not pick up any costs for any treatment beyond
the hot water flushing, but that further solutions would be the
responsibility of the homeowner, due to costs and potential liability risks.
Councilmember McGehee expressing concern that those homeowners having already
gone with a more expensive solution were now going to be told that they were
responsible for the cost, Mr. Schwartz clarified that the contractor was
suggested to the property owner by the City, with the City only providing the
coordination. Mr. Schwartz clarified that there were situations where the
contractor had billed the City and some who had billed the property owner.
Mr. Schwartz reiterated his previous comment that staff had been upfront with
all affected residents that, no matter whom to or how the bill was submitted,
they may be ultimately responsible for those costs, so it should not come as
a surprise to them.
Etten seconded, extension of the meeting beyond curfew to finish the next
agenda item entitled, "Approve Contract for City Manager Position," Item 14.e.
Etten requested, with concurrence by Mayor Roe as a future agenda item, that
staff bring back a policy discussion, with Ramsey County's involvement as
well and research on other cities, related to this issue. Councilmember
Etten suggested that one part of that discussion was whether the City
continue using plastic pipe hook-ups based on the potential for long-term
conclusion, Mr. Schwartz noted that in addition to the storm event a few
nights ago, the City experienced three water main breaks immediately after
the snow fall; in addition to another one earlier today, with crews needing
to get through seven feet of frost on Snelling Curve while avoiding
communication and other lines in that area of frozen soil in order to make
repairs. Mr. Schwartz reiterated that, as frost goes deeper, it became more
and more expensive to make these repairs, in addition to many hours to
unusual circumstances, Mr. Schwartz alerted the City Council and Roseville
residents that staff is just as frustrated as they are with the various
weather related issues. Mr. Schwartz noted that staff has put in some long
hours and they were reaching a point where tempers were flaring due to lack
of sleep, continuous on-call situations, and needing to respond seven days a
week to work. Mr. Schwartz expressed his personal appreciation to the crew
and recognized them for their continued alertness and dedication.
thanked Mr. Schwartz, and offered his own appreciation to the staff in
attempting to work through these issues, while remaining very professional
and dedicated. Mayor Roe asked, under the circumstances, that if residents
had a bad experience due to current stress levels, that they recognize it as
Willmus offered his personal appreciation as well, in addition to Mr.
Schwartz' acknowledgment and explanation. Councilmember Willmus noted the
previous discussion regarding the purchase and application of more ice
control materials than during a typical year, and how the crew was attempting
to stretch materials and funds as much as possible; and that the unusual
circumstances in no way should reflect on staff. Councilmember Willmus
opined that this should be spread to the community to make known this
abnormal series of events being experienced throughout the city, state and
Laliberte recognized staff as well; and noted her receipt of a phone call
about a mailbox knocked down during plowing by the City, and by the time the
caller had returned home from work, City staff had already acknowledged the
mishap and had the box back up, which the resident was very appreciative of.
McGehee expressed appreciation for the City's plowing compared to other
jurisdictions, in spite of the problems experienced and conditions beyond
Approve Contract for City Manager Position
deferred this discussion to the City Manager Performance Review subcommittee
comprised of Councilmembers Willmus and Etten, with assistance from the City
Attorney to provide their final negotiations with Mr. Trudgeon to serve as
the Roseville City Manager.
Etten referenced the draft City Manager Employment Agreement (Attachment A)
provided in the agenda packet, resulting from several in-person meetings as
well as e-mail exchanges and refinements to the contract. Councilmember
Etten opined that the resulting document represented the best interests of
Mr. Trudgeon and the City, and addressed points of view of both parties, meeting
at a midline compromise and preserving respect for and security for Mr.
Trudgeon in the employment process and more security and less long-term liability
for the City than that experienced with his predecessor.
Willmus concurred; and advised that City Attorney Gaughan had kept the
subcommittee aware of the positions and perspectives of other Councilmembers
throughout the process, and that they had been taken into consideration as
well during the negotiations.
request of Mayor Roe, Mr. Trudgeon advised that he found the proposed
contract acceptable and that it provided the best balance to protect him and
the City; with compromises providing a happy median; and expressed his
support of the contract before the City Council.
McGehee questioned the purpose of the fourteen-day advance written notice for
termination, given that the City Manager was an "at will" employee.
Willmus responded that this clause was included on the advice of the City
Attorney to provide a fourteen-day versus sixty-day notice as with the
previous City Manager contract.
Etten concurred, noting that it provided some timeframe to allow for a transition
period, noting the extensive negotiation process with the previous City
Manager over a two-month timeframe.
Gaughan noted that this was for a termination situation "without cause" and
meant as a professional courtesy to ensure that termination wouldn't happen
overnight. However, Mr. Gaughan noted that this in no way prevented the City
Council from terminating employment of the City Manager, simply providing a
McGehee reviewed potential hypothetical situations with Mr. Trudgeon and
Councilmembers, with Mr. Trudgeon assuring Councilmember McGehee that, while
job offers varied from city to city, this language was reasonably standard;
and a future employer would also have and expect a transition period.
McGehee further noted that, under Section 6, Item 2.b, there appeared to be
little difference between that clause and that of Item 2.b except to reduce
employee benefits, one of which was healthcare. Councilmember McGehee opined
that she was not comfortable in general with a reduction in healthcare.
Etten advised that this was part of the negotiated contract, reducing the
City's responsibility upfront with a larger potential payment at termination
without cause to acknowledge that the City Manager was leaving in a safer position;
but allowing a six month to one year provision to get into a new City Council;
and meant as a step back provision for the City long-term. Councilmember
Etten recognized the importance in differentiating between healthcare and the
first wage step back.
involvement in a group healthcare plan, Councilmember McGehee advocated for a
six month step back, even though she was happy with three months, she would
prefer six months of healthcare coverage in case there was a serious health
issue or treatment program required.
McGehee further advocated for elimination of Section 7, recognizing that the
League of MN Cities and State Statute language covered this area; and to put
this term in created a distinct liability to the City, and created an arbitrary
point to renegotiate a contract after four years versus using the regular channel
used for all other non-union employees of the City.
Etten clarified that no other employee has a contract with severance
included; with the City manager being an unusual and unique position and the
only contractual position entered into by the City Council.
Willmus concurred, opining that Section 7 was included for protection of the
City and was not unusual. If looking deeper in the contract, including
Section 14, Councilmember Willmus noted that this contract could be renegotiated
at any point; and opined that he did not share the same concerns of Councilmember
For the record,
City Attorney Gaughan pointed out and drew attention to State Statute
language that the City Council must appoint a City Manager for a term indefinite;
and clarified Section 6.a.1 (page 3), and Item b (page 4) as well addressing
removal of the City Manager without cause and the employee at their own volition.
Mr. Gaughan further clarified that Section 14 did not mandate that the appointment
terminated, with this contract in fact strictly speaking for an indefinite
time, with severance and other provisions intact, but simply terminating four
years from now, and in accordance with and satisfying state law. Specific to
the termination clause, Mr. Gaughan noted that this is of benefit to the City
Manager as well, and takes into account, that in 3.5 years from now, he's
still doing a fantastic job for the City, he has traversed through a
lessening degree of severance, leaving him leverage for negotiations. Mr.
Gaughan opined that this balances the interests of the City and the City
Manager, and if the City wants to end the contract after four years, no
severance would be given if deemed appropriate; however, if he was performing
up to their expectations, it benefited him as it provided him with more
Laliberte thanked the subcommittee for working on this; and while she was
hoping they would negotiate and come up with a new document versus using the
previous agreement as a model, she understood in practice that this was what
was done. Councilmember Laliberte expressed her general agreement with what
had been negotiated; and in some areas, opined that it was probably more
generous in certain terms than if she had served on the subcommittee.
noted that there was always a balance and challenge in making those
to City Attorney Gaughan, Councilmember McGehee agreed that the benefit
appeared to be in the interest of the City Manager versus the City; and
opined that if future negotiations failed, the City faced a disruption. Councilmember
McGehee further opined that, in agreement with Councilmember Laliberte, the
LMC model should have been used to simply fill in the blanks versus
reinventing the wheel. Councilmember McGehee opined that Item 8 made the
document inconsistent; however, she expressed her willingness to yield to the
City Attorney on that point, even though she did not think it served the City
well financially, but simply was put there because people didn't have the
capacity to do the job needing to be done, and was not a good plan.
In order to
make the record clear, City Attorney Gaughan stressed the importance of not
having a contract with a definite term; and based on the definition of "at
will" employment, the clause had no durational bearing at all.
McGehee moved to remove Section 7 from the contract.
declared the motion failed for lack of a second.
Willmus moved, Etten seconded, a
motion to remove Patrick Trudgeon from the position of Interim City Manager.
Etten moved, Willmus
seconded, a motion to appoint Finance Director Chris Miller as Acting City
Manager for the sole purpose of executing a City Manager Agreement, as attached
in Exhibit A.
moved, Etten seconded, a motion to approve the appointment of Mr. Patrick
Trudgeon as City Manager for the City of Roseville; and authorize the mayor
and Acting City Manager to execute a City Manager Agreement on behalf of the
City as attached in Exhibit A as presented.
Trudgeon thanked each Councilmember for their support over the last eight
months of his interim service and for their mentoring; and expressed his
interest in continuing to work together. Even though there were five
different opinions on the City Council, Mr. Trudgeon expressed his assurances
that they had been, and would continue to work well together and effectively.
Mr. Trudgeon expressed his understanding of the responsibility given him by
the City Council, while also recognizing the privilege given him in serving
Roseville and its status as a leading metropolitan community. Mr. Trudgeon
expressed his understanding of the serious role given him, and offered his
intent to approach the position that way and to continue working with the
City Council over the years to come.
commended Mr. Trudgeon on the job well done during the interim; noting that he
had already laid some of the groundwork for his success, and offered his continued
support moving forward.
City Manager Future Agenda Review
Councilmember-Initiated Items for Future Meetings