City Council

City Council Meeting Minutes

February 24, 2014

6:00 p.m.       State of the City Address

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

Willmus moved, McGehee seconded approval of the agenda as presented.

                                                Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

3.        Public Comment

Mayor Roe called for public comment by members of the audience on any non-agenda items.  No one appeared to speak.

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.

Mayor Roe 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.

Mayor Roe 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.

Councilmember 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 Transit.

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.

Mayor Roe noted that the RCLLG meetings were open to any and all City Councilmembers to attend as well.

5.         Recognitions, Donations and Communications

            a.      Proclaim 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.

Laliberte moved, Etten seconded, proclaiming March 2014 at Women's History Month in Roseville, MN.

Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

6.        Approve Minutes

Comments and corrections to draft minutes had been submitted by the City Council prior to tonight's meeting and those revisions were incorporated into the draft presented in the Council packet.

a.            Approve Minutes of February 10, 2014 Meeting

Etten moved, Laliberte seconded, approval of the February 10, 2014 Meeting Minutes as amended.

Corrections:

·         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."

                                                Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

7.            Approve Consent Agenda

At the request of Mayor Roe, Interim City Manager Patrick Trudgeon briefly reviewed those items being considered under the Consent Agenda.

a.            Approve Payments

McGehee moved, Etten seconded, approval of the following claims and payments as presented.    

                                                Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

b.            Approve Business Licenses & Other Licenses & Permits

McGehee moved, Etten seconded, approval of business license applications for the period of one (1) year - unless otherwise noted - for the following applicants:

                                                Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

c.           Approve General Purchases and Sale of Surplus Items Exceeding $5,000

McGehee moved, 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."

d.            Receive Summary Report of Police Forfeiture Funds

McGehee moved, Etten seconded, receipt of the summary memorandums on forfeiture accounts as presented and detailed in the RCA dated February 24, 2014.

e.            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

McGehee moved, 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).

f.             Set Public Hearing to Consider an On-Sale and Sunday Intoxicating Liquor License for Digby's Roseville, LLC, located at 854 Rosedale Center, #1010

McGehee moved, 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

9.            General Ordinances for Adoption

10.         Presentations

11.         Public Hearings

a.            Lake Owasso Water Ski Course and Jump

Lt. Lorne 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 County Sheriff.

Mayor Roe 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.

12.         Budget Items

13.         Business Items (Action Items)

a.            Approve Lake Owasso Water Ski Course and Jump

Willmus 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.

                                                Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

b.            Award Bid for Rehabilitation and Maintenance of the Interior and Exterior Coating Systems for the Fairview Avenue Water Tower

Public Works 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.

Mr. Schwartz 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. 

Mr. Schwartz 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.

Mr. Schwartz 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.

Discussion 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.

McGehee 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.

                                                Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

Recess

Mayor Roe recessed the meeting at approximately 6:58 p.m. and reconvened at approximately 7:02 p.m.

14.         Business Items - Presentations/Discussions

a.            Discussion with Legislative Representatives

Mayor Roe welcomed and recognized State Senator Bev Scalze; Representative Alice Hausman; Representative Jason Isaacson; and State Senator John Marty.

Senator Scalze

Sen. Scalze 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.

Sen. Scalze 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 successful.

Sen. Scalze encouraged the City to continue contacting her with ideas or issues needing her attention.

Representative Hausman

In the 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.

Rep. Hausman 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, responsible decisions.

Senator Marty

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.

Representative Isaacson

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.

Rep. Isaacson 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 bonding bill.

Rep. Isaacson 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.

Rep. Isaacson concurred with Rep. Hausman that a larger rainy day fund was necessary than the current levels.

Regarding 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.

Mayor Roe thanked each legislator for their presentations; and their support for the City of Roseville's interests at the state level.

Discussion 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.

Further 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.

Additional 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. 

Legislators 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;

Mayor Roe 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.

Mayor Roe 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.

Sen. Scalze 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 votes.

Mayor Roe thanked legislators for their efforts in changing legislation regarding determining public/private e-mails and what was available to advertisers to use.

Mayor Roe thanked the legislative representatives for their attendance, presentations, and discussion; and wished them well as the legislative session began tomorrow morning.

b.            Suburban Transit Presentation

A bench 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.

Ms. Wickstrom

Ms. Wickstrom 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.

Ms. Wickstrom 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.

Jonathan Weinhagen

Mr. Weinhagen 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.

Ms. Wickstrom 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.

Mayor Emerson

Mayor Emerson 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.

Mary Jo McGuire, Ramsey County Board of Commissioners

Commissioner 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. 

Councilmember 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.

Commissioner 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. 

Mr. Weinhagen 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.

Mayor Roe 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. 

Ms. Wickstrom 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 trains.

Mayor Roe suggested the need to advocate for state and county funding, not just federal funding, and to be united in the advocacy for those funds.

With further 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.

Commissioner 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.

Mayor Emerson 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 Strong" meetings.

Councilmember 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.

Mayor Roe 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.

Recess

Mayor Roe recessed the meeting at approximately 8:25 p.m. and reconvened at approximately 8:36 p.m.

c.            Ramsey County Economic Prosperity Presentation

A bench handout consisting of ten graphs as part of tonight's previously distributed presentation, was provided and attached hereto and made a part hereof.

Ramsey County Commissioner Mary Jo McGuire and Ramsey County Director of Policy and Planning Ryan T. O'Connor were present for this presentation.

McGuire

Commissioner 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 county.

Ryan O'Connor

Mr. O'Connor 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 initiatives.

Discussion 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.

Further 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.

Mayor Roe 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.

Commissioner 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.

Mr. O'Connor 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.

Specific to 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.

Mayor Roe 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.

Commissioner 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 of Roseville.

d.            Discuss Winter Weather Related Public Works Issues

Public Works 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. 

Mr. Schwartz 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 situation.

Mr. Schwartz 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.

In addition, 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. 

Mr. Schwartz 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 of Roseville.

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. 

Because of 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.

Mr. Schwartz 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.

Mr. Schwartz 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.

Mr. Schwartz 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 tonight:

·        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.

Mr. Schwartz asked that Councilmembers discuss the best approach and how to respond to this unusual circumstance.

Councilmember 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.

At the request of Mayor Roe, Councilmember Willmus confirmed that his concern was the liability risk for the City in serving as an intermediary.

Councilmember 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.

Councilmember 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 homeowner.

Mr. Schwartz 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.

At the 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 curb.

At 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.

Councilmember 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.

Councilmember Willmus noted that this issue involved county roadways within Roseville as well, not just roadways under City jurisdiction.

Mr. Schwartz responded affirmatively, noting that those were the most difficult situations, since they were typically wider roadways.

Councilmember 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.

Mr. Schwartz 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 added insulation.

Mayor Roe 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 people were.

Mr. Schwartz 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.

Given how unusual this circumstance is, Mayor Roe opined that it was  unlikely to experience 100% of the City's water users participating.

Mr. Schwartz 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 running.

Councilmember 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.

Councilmember 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.

At the 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 as possible.

On another 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.

Councilmember 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.

Mayor Roe 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 decision.

Councilmember 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.

Councilmember 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.

MOTION

Etten moved, 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.

At the 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.

                                                Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

Councilmember McGehee noted her vote in support was given, but she still had remaining questions.

At the 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.

With 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.

Willmus moved, Etten seconded, extension of the meeting beyond curfew to finish the next agenda item entitled, "Approve Contract for City Manager Position," Item 14.e.

                                                Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

Councilmember 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 liability issues.

In 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 repair.

Given these 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.

Mayor Roe 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 such.

Councilmember 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 county.

Councilmember 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.

Councilmember McGehee expressed appreciation for the City's plowing compared to other jurisdictions, in spite of the problems experienced and conditions beyond their control.

e.            Approve Contract for City Manager Position

Mayor Roe 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.

Councilmember 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.

Councilmember 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.

At the 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.

Councilmember McGehee questioned the purpose of the fourteen-day advance written notice for termination, given that the City Manager was an "at will" employee.

Councilmember 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.

Councilmember 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.

City Attorney 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 two-week notice.

Councilmember 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.

Councilmember 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.

Councilmember 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.

Based on 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.

Councilmember 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.

Councilmember 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.

Councilmember 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 McGehee.

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 leverage.

Councilmember 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.

Mayor Roe noted that there was always a balance and challenge in making those decisions.

In response 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.

Councilmember McGehee moved to remove Section 7 from the contract.

Mayor Roe 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.

                                                Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

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.

                                                Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

Willmus 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.

                                                Roll Call

Ayes: Willmus; Laliberte; Etten; McGehee; and Roe.

Nays: None.

City Manager 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.

Mayor Roe 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.

15.         City Manager Future Agenda Review

16.         Councilmember-Initiated Items for Future Meetings