City Council

City Council Meeting Minutes

Regular Meeting

February 23, 2009

1.         Call Roll

Mayor Klausing called to order the Roseville City Council regular meeting at approximately 6:00 pm and welcomed everyone.

(Voting and Seating Order for February: Johnson; Ihlan; Roe; Pust; and Klausing)

City Attorney Scott Anderson was also present.

2.         Approve Agenda

Councilmember Ihlan requested removal of Consent Agenda Item 7.f entitled, “Adopt a Resolution and Approve State of Minnesota Grant Agreement for the Roseville Skating Center/Guidant John Rose Minnesota OVAL related to 2008 Bonding Bill.”

The agenda was approved by consensus, as amended.

3.                 Public Comment

Mayor Klausing called for public comment by members of the audience on any non-agenda items. 

Brian Olson, 1592 Roselawn, Falcon Heights

Mr. Olson expressed concern regarding phone calls from Roseville residents that he’d received at his home regarding the quality of the video and distribution of same from the City Council’s Strategic Planning Meeting held on Saturday, February 7, 2009. 

Mr. Olson expressed further concern that the meeting was not rebroadcast on Channel 14 on CTV to allow people outside of Roseville to view the meeting tape, as was traditional with other City meetings.  Mr. Olson noted that the video was also not on the streaming webpage where other meetings were located; and questioned if a copy was available at the library.  Mr. Olson questioned why there had only been two replays of the meeting on Channel 16 since the live meeting; and reminded Councilmembers that the City had access to that channel to allow for more replays on a 24/7 basis.

Mr. Olson also expressed concern, in his search on the City website, with other apparent media issues and shortcomings; noting his difficulty in accessing tonight’s City Council meeting agenda packet due to numerous dead links, as well as difficulties in finding the Channel 16 playback schedule on the website.  Mr. Olson opined that the website map was confusing, and needed to be thoroughly checked for dead links and navigation access to make the site more user-friendly.

4.         Council Communications, Reports, Announcements and Housing and Redevelopment Authority Report

Mayor Klausing announced that the Twin Lakes Streetscape Open House was scheduled at City Hall on Thursday, February 26, 2009 from 5:00 – 7:00 pm, and invited the public to attend to share their thoughts on the proposed design.

Mayor Klausing, on a personal note, extended his thanks to Councilmember Roe for stepping in as Acting Mayor at the February 9, 2009 City Council meeting during his absence.

Councilmember Pust briefly reported on the successful, 13th Annual Home and Garden Fair, with its newly-branded emphasis on “living green, living smarter;” and thanked the great sponsors of this year’s event.  Councilmember Pust thanked City staff for their work on putting the event together and handling the logistics; and reported that, in keeping with the philosophy of this year’s Fair, and the Housing and Redevelopment Authority’s (HRA) interest in pushing ways for the community to be more sustainable, noted that the event was kept at close to zero waste, due to concentrated efforts at composting and recycling.

Councilmember Roe reminded citizens that Friday, February 27, 2009 was the deadline for applying for vacancies on City Advisory Commissions; noted that there were numerous vacancies; and encouraged interested citizens to apply via obtaining an application on the City’s website or at City Hall.

5.                 Recognitions, Donations, Communications

a.         Award Human Rights Commission Essay Contest Winners

Mayor Klausing introduced the annual Human Rights Commission Essay Contest event and welcomed Human Rights Commission (HRC) Chairperson David Singleton and HRC Commissioner Tam McGehee to introduce this year’s winners.

Commissioner McGehee briefed Councilmembers and the public on the differences in this year’s essay contest format, allowing students to pick their own topic from current events, giving students more freedom, but greater challenges for them to substantiate their area of interest.  Commissioner McGehee opined that the resources used by students were greatly improved and their writing more professionally presented, making their essays more difficult to judge given their clear enthusiasm for their chosen subjects.  Commissioner McGehee noted the outstanding set of essays presented and thanked the 240 students submitting essays on an impressive range of topics, and thanked the teachers for their support.

Mayor Klausing clarified that the First, Second and Third Place winners would be reading their essays at tonight’s meeting.

Human Rights Commission Chair David Singleton briefly reviewed the purpose of the HRC in encouraging participation in this “blindly ranked” contest; and introduced this year’s Human Rights Essay Contest Winners, inviting them to read their essays, beginning with Third, Second, and finally First Place winners, with two Third Place winners due to a tie.

First Place Essay was written by Meghan Brady (8^th Grade Parkview – teacher, Mr. Ebert); Second Place Essay was written by Connor Polydoroff (8^th Grade RAMS – teacher, Mr. Ueland); Third Place Essays (tied) were written by Sammy Shaker and Jingyang Dong (7^th Grade RAMS – teacher, Mr. Lauinger; and 8^th Grade RAMS – teacher, Mr. Johnson, respectively).

Honorable Mention Essays were written by Jordan Burich (8^th Grade RAMS – teacher, Ms. Archer) and Anne Raymond (8^th Grade Parkview – teacher, Mr. Ebert), and were included in the Council packet.

 Chair Singleton thanked each teacher of winning students, and presented $30 Barnes & Noble Gift Certificates to each; as well as thanking principals at each school.

Mayor Klausing, on behalf of the City Council, citizens of Roseville and personally, thanked the students, their instructors, and parents for their insight and for their participation. 

The Human Rights Commission hosted a reception for students, teachers and parents following the reading of the first four Essays.

Recess

Mayor Klausing recessed the meeting for approximately five minutes for a photo opportunity with the students and City Councilmembers.

b.         Proclamation of Women’s History Month

Mayor Klausing read a proclamation recognizing and honoring Women’s History Month in March of 2009.

Roe moved, Ihlan seconded, March 2009 as Women’s History Month in Roseville, MN.

Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

6.         Approve Minutes

a.                 Approve Minutes of February 7, 2009 Special Meeting

Pust moved, Johnson seconded, approval of the minutes of the February 7, 2009 Special Meeting as presented.

                                                            Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

b.                 Approve Minutes of February 9, 2009 Special Meeting – Interviews

Pust moved, Johnson seconded, approval of the minutes of the February 9, 2009 Special Meeting - Interviews as presented.

                                                Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

c.                  Approve Minutes of February 9, 2009 Closed Executive Session

          Pust moved, Johnson seconded, approval of the minutes of the February 9, 2009 Closed Executive Session as presented.

                                                Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

d.                 Approve Minutes of February 9, 2009 Regular Meeting

Johnson moved, Pust seconded, approval of the minutes of the February 9, 2009 Regular Meeting as presented.

                                                Roll Call

            Ayes: Johnson; Ihlan; Roe; and Pust.

            Nays: None.

            Abstentions: Klausing.

            Motion carried.

7.                 Approve Consent Agenda

There were no additional changes to the Consent Agenda than those previously noted.  At the request of Mayor Klausing, City Manager Bill Malinen briefly reviewed those items being considered under the Consent Agenda.

a.                 Approve Payments

Councilmember Pust noted items on Pages 10 and 13 of the Check Register indicating vehicle conversions under Fire Department expenses and asked for additional information as to what vehicles were converted and to what they were converted.

City Manager Malinen advised that he did not have that information available at tonight’s meeting, but that he would provide a report to the Council with that information.

Councilmember Pust asked that Consent Agenda Item 7.n entitled, “Award Contract for Janitorial Services,” be considered for action separately, due to a potential conflict of interest.

Klausing moved, Roe seconded, approval of the following claims and payments as presented. 

                                                Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

b.                 Approve General Purchases and Sale of Purchases Exceeding $5,000

Klausing moved, Roe seconded, approval of general purchases and/or contracts as follows:

                                                            Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

c.                  Approve One-day Alcohol License for Corpus Christi

Klausing  moved, Roe seconded, approving an application for a temporary On-Sale Liquor License at Church of Corpus Christi, 2131 Fairview Avenue N, for March 6, 2009.

                                                            Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

d.                 Approve One-day Gambling License for Pope Paul II School

Klausing moved, Roe seconded, approving an application for Pope John Paul II Catholic School’s request to conduct Off-Site gambling on April 24, 2009 at the Radisson Hotel Roseville, 2540 N Cleveland Avenue.

                                                            Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

e.                 Adopt Resolution Approving Plans and Specifications and Ordering Bids for Roselawn Avenue

Councilmember Ihlan clarified that bids would come before the City Council before any project approval and depending on bids received.

City Manager Malinen confirmed this statement.

Klausing moved, Roe seconded, adoption of Resolution No. 10688 entitled, “Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Roselawn Avenue.”

                                                            Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

g.                 Approve Lease Extension for Wildlife Rehabilitation Center Parking Lot

Councilmember Ihlan questioned if the Letter of Credit was still extended; with Parks & Recreation Director Lonnie Brokke confirming that it was.

Klausing moved, Roe seconded, authorizing the Director of Parks and Recreation to sign the lease extension agreement as presented, with the Minnesota Wildlife Rehabilitation Center, extending Section 3 of the Ground Lease, Redevelopment and Use Agreement addendum from March 31, 2009 to December 31, 2013.

                                                            Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

h.                 Approve 2009 Parks Improvement Program Projects

          Klausing moved, Roe seconded, authorizing the 2009 Park Improvement Program (PIP) projects, as presented, with monies to be taken from the $215,000 appropriated in the 2009 Budget for this program.

                                                            Roll Call

                        Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

                        Nays: None.

i.                    Adopt Resolution Supporting Aeon’s Application to Ramsey County for CDBG Home Funds for Phase II of the HarMar Apartments Project

          Klausing moved, Roe seconded, adoption of Resolution No. 10689 entitled, “Resolution Supporting Aeon’s Application for Ramsey County CDBG/Home Funds for the Har Mar Apartments Phase II Project.”

                                                            Roll Call

                        Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

                        Nays: None.

j.                   Adopt a Resolution Restricting Parking on Roselawn Avenue

Klausing moved, Roe seconded, adoption of Resolution No. 10690 entitled,   Resolution Prohibiting Parking on Roselawn Avenue.

                                                            Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

k.                  Adopt a Resolution Authorizing Staff to Pursue Shared Services with Others

Klausing moved, Roe seconded, adoption of Resolution No. 10691 entitled, “Resolution Authorizing Examination of Cooperation and Shared Services with Others;” supporting discussing and researching possible new and enhanced cooperation and shared services with local governments and others; and authorizing the City Manager and/or his designee to pursue and examine new cost-effective means of cooperating and sharing services; and directing the City Manager to report back on a regular basis to the City Council regarding cooperative opportunities.

                                                            Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

l.                    Adopt a  Resolution Approving a Six Month Extension to the Final Plat and Final Development PUD for Har Mar Apartments

Klausing moved, Roe seconded, adoption of Resolution No. 10692 entitled, “A Resolution Approving an Extension to the Filing of a Final Plat and Final Development PUD for Aeon and the Har Mar Apartments, 2225 to 2265 South Highway 36 Service Drive (PF07-068);” allowing for a six month extension due to staffing changes at Aeon.

                                                            Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

m.               Award 2009 Street Maintenance Materials, Contractual Concrete and Paving Bids

Councilmember Roe requested clarification, provided by City Manager Malinen, that the City was rejecting all bids by this action, and not just the listed below bids.

Klausing moved, Roe seconded, award to the overall low bidder in some categories and rejecting bids in other categories as listed and detailed in the Request for Council Action dated February 23, 2009.

                                                            Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

n.                 Award Contract for Janitorial Services

Klausing moved, Roe seconded, award of a contract to ISS Facility Services, Inc., based on Best Value evaluation, for janitorial services for a two year period in the amount of $152,721.00.

                                                            Roll Call

            Ayes: Johnson; Ihlan; Roe; and Klausing.

            Nays: None.

            Abstentions: Pust

Motion carried.

8.         Consider Items Removed from Consent

a.                 Adopt a Resolution and Approve State of Minnesota Grant Agreement for the Roseville Skating Center/Guidant John Rose Minnesota OVAL related to 2008 Bonding Bill (Former Consent Item 7.f)

At the request of Mayor Klausing, City Manager Bill Malinen briefly reviewed this item; emphasizing the non-negotiable terms due to the specific of the General Obligations Bond proceeds requirements.

.

Councilmember Ihlan sought whether the City had any discretion over projects proposed for funding, or whether modifications in items could be made to reallocate funds for other capital expenditures related to the OVAL.  Councilmember Ihlan expressed concern, given the State’s current deficit, in spending monies on items she opined were not necessities or priorities, such as a scoreboard and/or snow melting equipment.

Parks and Recreation Director Lonnie Brokke advised that the specific projects promoted in the bonding bill were firm as listed and detailed in the Request for Council Action dated February 23, 2009; and that other capital expenditures would not be considered and may jeopardize funding.

Mr. Brokke reviewed the original design of the OVAL, and efficiencies to be achieved in day-to-day operations based on that rationale for those items identified.

Councilmember Roe noted that, when the City requested bonding monies, it identified needs at that time based on the needs of the OVAL; opining that those needs would remain undone.  Councilmember Roe opined that the needs were apparently valid in operating the OVAL, or the City should return the money to the State.

Mr. Brokke advised that City officials and staff had reviewed the list before going to the legislature; and noted that while Item #2 was identified as a “scoreboard,” it included other electronic capabilities, and that the bill had been promoted with the specific items listed; and was fully supported by users and supporters of the bill who had worked hard in promoting it.  Mr. Brokke noted that the initial list of individual items had continued to be refined and discussed with legislators during their walkthrough tour(s); and indicated that the bill language had been modified accordingly to achieve its successful passage.  Mr. Brokke noted that it was the intent that items listed be value-engineered to obtain the best possible pricing; which may allow cost savings that could be reallocated to the geothermal component.  Mr. Brokke noted that this would be done once all projects on the list were completed, and if any money remained, it could potentially be applied elsewhere at the OVAL.  Mr. Brokke reiterated that supporters of the bonding bill and project were depending on those particular projects being brought to fruition.

Mayor Klausing opined, from his participation in the user group and legislator tours and conversations, that the items identified were to increase efficiencies and make the operation more financially efficient and sustainability; ultimately meaning less taxpayer monies expended in the long run.

Councilmember Johnson concurred; noting that the original list had been pared down considerably to these specific items.

Mr. Brokke asked that Councilmembers fully support, as a message to the State, the proposed resolution and grant agreement.

Klausing moved, Johnson seconded, adoption of Resolution No. 10693 entitled, “Guidant John Rose Minnesota OVAL Capital Improvements;” based on Attachments for the General Obligation Bond Proceeds – Grant Agreement - Construction Grant for the Guidant John Rose MN OVAL, Project SPAP-08-0010-P-FY09; authorizing the Mayor and City Manager to sign the construction grant agreement, subject to City Attorney final review.

Councilmember Ihlan reiterated her concerns with two specific items: the scoreboard and timing mechanism (Item #2); and installation of a gas heating and snow melt pit (Item #7); strongly opining that the money be spent elsewhere, such as for the geothermal system, given the current economy; and advising that she would be voting “nay.”

                                                            Roll Call

            Ayes: Johnson; Roe; Pust; and Klausing.

            Nays: Ihlan.

            Motion carried.

9.                 General Ordinances for Adoption

10.             Presentations

a.                 Update of Mounds View Schools by School Board Chairman Jon Tynjala and Superintendent Dan Hoverman

Mayor introduced and welcomed Chairman Tynjala and Superintendent Hoverman to the meeting.

Chair Tynjala expressed appreciation for the invitation to attend tonight’s meeting, indicating that District representatives were attempting to make the rounds to area communities represented in the School District in order to review happenings and to gather input from City Councils, and to hear any questions or concerns they had of the District.

Superintendent Hoverman reviewed declining enrollment at the School District over the last 10-11 years; impacts to housing within the District; and integration collaborative efforts with other School Districts and Associations in addressing diversity issues.

          Mayor Klausing expressed the City Council’s interest in a joint meeting between the School District and City Council to explore options for common needs and services.  Mayor Klausing recognized the ranking of both the Mounds View and Roseville Area School District High Schools in recent media.

Councilmember Pust sought a status update on the District’s property on Hamline Avenue.

Superintendent Hoverman advised that demolition of the building was taking place; and initial groundwater pollution clean up had begun.  Superintendent Hoverman advised that the process could take some period of time, in years, before resolution of the clean up and wells were being monitored by the Minnesota Pollution Control Agency (MPCA) on a periodic basis; and that the District was currently working with City staff to reseed the parcel to make it more aesthetically pleasing until redevelopment.

Superintendent Hoverman advised that District representatives continued to meet with interested developers of the property.

Councilmember Ihlan, noting her residence in the Mounds View School District of Roseville, offered her willingness to assist the School District and neighborhood on joint issues.

11.             Public Hearings

a.                 Conduct a Public Hearing regarding the Placement of Water Ski Course and Water Ski Jump on Lake Owasso

Roseville Police Captain Rick Mathwig was present to address any questions of the City Council or public related to this annual request.

Mayor Klausing called to order the Public Hearing at approximately 7:20 p.m.

Public Comment

Steve Youngquist, 391 S Owasso Boulevard, on behalf of the Lake Owasso Safe Boating Association

Mr. Youngquist provided an historical perspective of this ski course and jump of almost 50 years; its use during the week and on weekends; current noise reduction technologies on boats; and MN state laws and Association adherence to those laws in respecting homeowners on Lake Owasso and in encouraging safe boating.

Mr. Youngquist responded to an inquiry of Councilmember Johnson on use of the ski jump, advising that conditions and safety considerations were priorities in using the jump; and noted that several show jumpers had recently moved into homes on Lake Owasso, and were utilizing the jumps.  Mr. Youngquist noted that there was not heavy use, from a traffic perspective, of the jumps but that they were used to train competitive ski jumpers; noting that Roseville had many nationally-ranked skiers.

Dan Kelsey, 735 Highland Drive, on Lake Owasso

Ms. Kelsey spoke in support of the application opining that the jump and course were a landmark fixture on the lake and in the community, provided free entertainment and created neighborhood relationships.

Mayor Klausing closed the Public Hearing at approximately 7:27 p.m.

12.             Business Items (Action Items)

a.                 Approve the Placement of a Water Ski Course and Water Ski Jump on Lake Owasso

Klausing moved, Roe seconded, approval of placement of a water ski course and jump on Lake Owasso for the 2009 season.

                                                Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

b.                 Approve Agreement with Ramsey County for Supplemental Law Enforcement Services on Lake Owasso

Roseville Police Captain Rick Mathwig, following review of previous City Council meetings via tape, provided additional information to respond to questions and concerns of the City Council from those meetings.  The Request for Council Action provided an historical perspective; annual costs for supplemental law enforcement services on Lake Owasso by Ramsey County Sheriff’s Department; and support of the services by the Lake Owasso Homeowner’s Association.

Captain Mathwig advised that, similar to most other city police forces, the City of Roseville Police Department had no assets or training for water patrol and/or enforcement; and that these services were thus handled throughout the State by respective Sheriff’s Departments.

Councilmember Roe questioned how common this type of supplemental agreement was for jurisdictions around lakes.

Sgt. Tony Wahl and Commander Ron Nafland, Ramsey County Sheriff’s Department

Sgt. Wahl advised that Ramsey County currently had three supplemental contracts: White Bear Lake Conservation District, the City of Shoreview, and this agreement with the City of Roseville.

Councilmember Pust expressed her appreciation to staff for providing the additional information and annual report detailed in the staff report; and questioned if Ramsey County would issue similar citations with or without supplemental services by boat on the lake.

Sgt. Wahl advised that their enforcement had a direct correlation with boats using the lake; and that issues were usually related to boating conduct, or something observed via water encounter that precipitated the stop and issuing a citation.

Councilmember Ihlan sought information on the scope of the agreement, the 42 hours identified for additional coverage on weekends and/or holidays; and whether Ramsey County would have a presence there without such an agreement for supplemental services.

Sgt. Wahl advised that the Department may not be there every weekend, or as much, given their finite number of resources (i.e., boats and officers), and their coverage of area lakes and the Mississippi River; however, he advised that they directed resources to the best of their ability to provide that coverage where historically indicated, and unless an emergency required rerouting of those resources elsewhere in Ramsey County.  Sgt. Wahl opined that, while not a perfect system, they attempted to adhere to the supplemental service contract in providing that coverage.

Councilmember Johnson questioned if Ramsey County received requests from other associations on other lakes in Roseville and if other supplemental services were indicated.

Sgt. Wahl advised that, since those requests would come through him as the contact person, he was unaware of any other requests to-date.

Further discussion included Ramsey County Sheriff’s Department’s presence on other lakes in the community; peak usage on lakes; and where services were most indicated based on that usage.

Mayor Klausing invited comment from representatives of the Lake Owasso Homeowner’s Association.

Public Comment

Joe Bester, 460 W Horseshoe Drive, representing Homeowner’s Association

Mr. Bester spoke in support of the supplemental enforcement services and additional patrols; and noted that at the Association’s Annual Meetings, they encouraged homeowners to report any unsafe water use that they observed, and provided the Ramsey County Sheriff’s phone number for their use and to pinpoint specific incidents.  Mr. Bester opined that this sent a clear message to those on the lake that good behavior was important and their actions were being observed.

Councilmember Ihlan questioned whether the Association currently, or in the past, contributed to the cost of the extra hours that the City Council was asked to authorize since its inception in 1997 when first recommended by the Task Force.

Mr. Bester responded that, during his tenure, he was not aware of any contribution being made by the Homeowner’s Association; noting that the majority of their annual fees were allocated for aquatic plant treatment.  Mr. Bester advised that any such decision on contribution would need to be considered by the Homeowner’s Association Board; based on their bylaws and past practice.

Pust moved, Roe seconded, approving an agreement with Ramsey County for supplemental law enforcement services on Lake Owasso at a cost not to exceed $1,742.16, to be funded from the 2009 Police Department Budget; and further authorizing the Mayor and City Manager to sign the said agreement upon final review by the City Attorney.

Mayor Klausing noted that the Roseville Police Department should express their concerns, if any, for this agreement, since it was coming out of their annual budget.

Councilmember Ihlan noted that the additional information provided tonight was helpful; however, she questioned whether additional efforts in evaluating the program, in place since 1997, were indicated.  Councilmember Ihlan noted that the Homeowner’s Association had apparently not taken up discussion as to whether the supplemental coverage was necessary.  Councilmember Ihlan opined that she had no problem in continuing the service if it was indicated as necessary on Lake Owasso; however, she sought clarification that the supplemental coverage was justified; and questioned why other lakes in the community didn’t have similar supplemental coverage agreements; or whether the City had considered cost-sharing opportunities for this supplemental coverage and with other lakes.  Councilmember Ihlan advised that she would support the motion this year; however, she sought further review before 2010.

Councilmember Roe opined that it made sense to have additional coverage, if there was lots of activity and at times when there was a potential for violations, and the proactive nature of a preventative force in place.  However, he expressed concern with deployment of Ramsey County resources based on who had a supplemental contract; and opined that Ramsey County should have its own means to determine where to place those limited resources.  Councilmember Roe indicated that, by appearance, the City of Shoreview had multiple lakes in their agreement; and suggested further discussion and evaluation.

Mayor Klausing concurred; and asked City Manager to make note of this request for further evaluation and discussion.

                                                Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

c.                  Authorize Staff to Engage WSB and Associates, Inc. to complete additional study and final design for the Walsh Lake Subwatershed Drainage Improvements

City Engineer Debra Bloom briefly reviewed the study of the storm water hydrology of the Walsh Lake subwatershed as previously authorized by the City Council.  Ms Bloom reviewed the location; neighborhood concerns about localized street flooding and property damage; and analysis to-date.

Ms. Bloom referenced the two options presented in the WSB proposal, dated September 26, 2008, and based on project assumptions and findings. 

Ms. Bloom addressed the study included in the report; and the proposal for additional study and final design by WSB, in an amount not to exceed $19,700, to be funded through the City’s storm sewer infrastructure funds; with staff working with Rice Creek Watershed District and Ramsey Conservation District on possible cost-sharing grants for this project.  Staff recommended Option #2 as detailed in the WSB proposal, consistent with those agencies, and having neighborhood support; and based on best management practices.

Ms. Bloom noted that there were 27 property owners in the neighborhood; and that they had expressed their interest in working on infiltration options; with maintenance agreements to be developed with property owners, and construction to be provided by the City.

Ms. Bloom noted that the City had since been approached by the Midland Hills Condominium Association for additional modeling, beyond the original scope of the contract, but consistent with stormwater design, and for relining that pond due to the sandy soil conditions.

Ms. Bloom provided a proposed construction schedule and will  return to the City Council in June of 2009 with a proposed funding package and partnership agreements in place, for final bid approval.

Discussion included construction and maintenance fee allocations between property owners and the City; review of maintenance agreement models of rain gardens by staff and the City Attorney; commitments from property owners for annual maintenance based on initial City investment and stormwater reduction needs; and cooperative partnerships of all parties involved.

Klausing moved, Johnson seconded, authorizing staff to engage WSB and Associates, Inc. to complete additional study and final design for the Walsh Lake Subwatershed Drainage Improvements; as detailed in the Request for Council Action dated February 23, 2009.

Mayor Klausing thanked City Engineer Bloom for her work on this project, and for exploring the options and alternatives available.

Councilmember Roe concurred; opining that this was the right use of the stormwater fees paid by all citizens and to address problem areas affecting the overall city.

                                                Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

d.                 Approve Interim Use Permit for the Temporary Roseville Library Location at 2680 Arthur Street

Community Development Director Patrick Trudgeon presented a brief summary of the request by Ramsey County Library and property owner FJR & RJR investments, LLC for approval of the proposed Interim Use of the office/warehouse facility at 2680 Arthur Street for library purposes while the existing library is under construction.  Mr. Trudgeon noted the inclusion of a parking agreement between the library and Twin Lakes Medical for the duration.

Councilmember Roe questioned access to the temporary library site to the parking at Twin Lakes Medical Center.

Mr. Trudgeon confirmed that there was currently no vehicular access between the two properties.

Susan Nemitz, Director, Ramsey County Library (4570 N Victoria Street, Shoreview, MN) AND David Norrgard Ramsey County Library Trustee, 2499 N Albert, Roseville

Ms. Nemitz advised that it was their intent to have staff use the Twin Lakes Medical parking lot in order to reserve the parking on site for library patrons.

Councilmember Pust sought information on the proposed construction schedule.

Ms. Nemitz advised that the Library was planning a “big sale” on March 31^st at the permanent location on Lexington; would be closing on April 1, 2009; and hosting a grand re-opening on May 2, 2009, in addition to a ground breaking at the permanent site.

Mr. Norrgard offered profound thanks to the Ramsey County Board of Commissioners, on behalf of the library board, for their substantial financial commitment beyond the bond issue in a tight budget year, providing cash grants to allow rental of a temporary facility, and for their commitment for the new construction to seek LEED Gold Standard with additional grant funding for environmental purposes; and to use this opportunity to demonstrate that local governments are responsible and that they have foresight.

Ms. Nemitz thanked the Roseville City staff for their valuable assistance throughout the complicated process; and for helping them to succeed and to be able to continue offering services in Roseville and this area.

Mayor Klausing noted that the community was excited and word was getting around.

Mr. Norrgard noted that the new facility would have a specific area and focus on teens; with their own unique room and services; and development of programs geared toward teens by professional staff efforts.

As a library user, Councilmember Ihlan expressed her appreciation in having access to the temporary facility during construction; and thanked Ramsey County for supporting those initiatives.

Ms. Nemitz thanked the City Council for their support; and Mayor Klausing for his presence during the Library Board’s presentation to the Ramsey County Board of Commissioners.

Councilmember Johnson questioned if a drop off box could be logistically provided at the temporary facility; and echoed Councilmember Ihlan’s comments appreciating the temporary facility for library users.

Ms. Nemitz advised that an exterior book drop would be located on the alley side of the building, through working with staff to accomplish that; and while closed during April, provisions would be made at the old site for book drop off, in addition to reserve pick up capabilities as early as April 7, 2009 at the temporary site.

Roe moved, Johnson seconded, adoption of Resolution No. 10694 entitled, “A Resolution Approving an Interim Use in Accordance with Roseville City Code, Section 1012.09, for FJR & RJR Investments, LLC at 2680 Arthur Street (PF09-004);” for use of the existing building at 2680 Arthur Street as a temporary library facility; amended to correct Line 23 of the resolution to “INTERIM USE,” not PERMIT.

                                                Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

e.                 Approve the Interagency Agreement with Metropolitan Council for the I-35W and County Road C Park-N-Ride

Public Works Director Duane Schwartz reviewed the provisions of the recently-adopted Planned Unit Development (PUD) project for Metropolitan Transit for construction of a Park-N-Ride facility in the Twin Lakes Redevelopment area.  Mr. Schwartz noted that, part of that PUD, was development of an agreement to define the requirements for public improvements and to define how Metropolitan Transit will meet their total obligation for public infrastructure, and based on their use of Urban Partnership Agreement (UPA) federal funds to pay for their portion of the infrastructure improvement costs.

Mr. Schwartz summarized the interagency agreement between the City and Metro Council, as presented in the Council packet; specific requirements; City Attorney revisions addressing concerns of each party; and how the City will ultimately be reimbursed for Phase I improvements when completed. 

Mr. Schwartz alerted Councilmembers to the specific language of the agreement requiring the City to complete the infrastructure no later than December 31, 2009 to be open to traffic; with the ramification being, if not completed on this very aggressive schedule, the City could risk forfeiture of their reimbursement from Metropolitan Transit, based on requirements of the federal funding used for the Transit project.  Mr. Schwartz reviewed the proposed project timeline and requirements; noting the need to begin right-of-way acquisitions and appraisals in March of 2009, including a condemnation resolution being brought before the City Council at that time to protect the City’s long-term interests and to facilitate construction this year.  Mr. Schwartz again highlighted and emphasized the importance of the City staying on track for the Phase I improvements tied closely to this project and agreement.

Community Development Director Patrick Trudgeon opined, that while this was an aggressive schedule, it had been in planning stages for over a year, and steps for infrastructure planning was nearing completion, with acquisition for right-of-way the next step.  Mr. Trudgeon opined that the pending request for the 90-day Quick Take was a backstop measure to ensure the project stayed on schedule; however, he noted that conversations to-date with property owners found them supportive of this benefit to their properties and the greater Twin Lakes area.

Discussion included potential variables and possible delays in the construction schedule and/or land acquisition; and the proposed payment schedule for Metro Transit through federal funds.

City Attorney Scott Anderson noted the specific language in the agreement acknowledging that funding for the Metro Transit’s portion of the infrastructure improvements was coming through federal funds; and the provisions for the City’s compliance with those federal requirements; and the City’s obligation to keep this aggressive schedule for completion by year-end.  Mr. Anderson noted that the Metro Transit was acting as a conduit, and was not intending to pay from any other funds beyond federal funds.

Further discussion included language based on Acts of God or other unforeseen circumstances beyond the City’s control; and potential risks to the City.

Metropolitan Transit Representative, Patrick Jones

Mr. Jones noted that the City Attorney’s conduit example was a good one; and noted that the project was important to Metro Transit as well as to the City;   noted that Metro Transit would only get paid by the federal government for invoices from the City for infrastructure construction costs; and provisions of Section 11, page 15, related to obligations and responsibilities.

Councilmember Pust noted that this provision didn’t indicate paying more for land for right-of-way acquisition than it was worth.

City Attorney Anderson concurred and noted that this was the reason staff had appeared before the City Council at a previous meeting to hire expert negotiators; and for providing an option for Quick Take Action to allow the improvements to move forward while condemnation procedures play themselves out in the court system, in accordance with standard procedures.

Councilmember Roe expressed some concern with the agreement not providing reimbursement guarantees to the City.

Councilmember Pust concurred, given the current economic situation and state of flux for all public budgets.

Mayor Klausing asked staff to expound on their discussions for capturing expenditures in other ways based on worst case scenarios.

Mr. Trudgeon advised that the total project cost was over $3 million; and that the Metro Transit funding was only a partial payment; with existing Tax Increment Financing (TIF) fund balances more than sufficient to meet the total project cost, in addition to grant funds.  Mr. Trudgeon noted that the City would be funding the project from the front end; however, developers would be reimbursing the City for their cost-sharing allocations of infrastructure improvements; and that the project would not affect any city operations or budgets.

Further discussion included cost allocations to this project and future developments; and the City’s commitment to the contractor for Phase I of the infrastructure improvements, with or without financial participation of Metro Transit.

Mayor Klausing shared City Councilmember and staff concerns; noting that this was a higher degree of uncertainty than the City would normally see in such an agreement; giving the Council pause and some uneasiness; however, at the end of the day, and weighing that potential risk with the benefit in moving forward, and since this was only a portion of the total cost, with TIF funding in place – pending policy discussions – he expressed his comfort in moving forward.

Mr. Schwartz opined, from a staff perspective and with City Council support, that there was no reason the roadway project couldn’t be delivered within the proposed schedule; reiterating the need to adhere to the aggressive timing.

Klausing moved, Ihlan seconded, approval of an Interagency Agreement between the City of Roseville and Metropolitan Council for the I-35W and County Road C Park-N-Ride.

Councilmember Johnson spoke in support of the agreement, based on staff’s comments.

Councilmember Roe spoke in support of the motion.

                                                Roll Call

            Ayes: Johnson; Ihlan; Roe; Pust; and Klausing.

            Nays: None.

13.             Business Items – Presentations/Discussions

a.                 Discuss City Council Electronic Communications Policy

City Manager Malinen provided a first draft of a proposed policy on Councilmember Electronic Communications; along with a review of previous topics discussed at the City Council level.  Mr. Malinen advised that this proposed policy language was based on a model from the League of Minnesota Cities (LMC) with suggestions for outlines and content; and that it was provided as a framework for further discussion.  Mr. Malinen provided, as a bench handout, additional information related to such a policy.

City Manager Malinen noted that, in discussions with City Attorney Jay Squires, there was some question as to the benefit and/or consistency of a disclaimer for staff e-mails, as addressed on Page 3, line 21; and whether it should be included as a part of that policy.

Discussion included individual Councilmember comments to the proposed policy, as indicated in red, in the draft.

Mayor Klausing expressed concern that City Councilmembers be prohibited from participating in list serves, if items were not being deliberated or pending before the City Council; and, allowing for more public discussion for elected officials with their constituents; and considerations of First Amendment Speech rights and Open Meeting laws.

City Attorney Anderson noted that the draft was prepared from language in the League of Minnesota Cities Insurance Trust (LMCIT) with a concentration on risk analysis and concerns; and that his office been asked to draft language based on previous City Council discussion they would do so with fewer restrictions.  Mr. Anderson opined that his office did not necessarily think the draft policy was appropriate as presented, but that it was in keeping with the direction given to them to draft a policy based on LMCIT policy language to initiate discussions and to serve as a talking point.  Mr. Anderson advised that his office would take into consideration case law to-date, as identified in his previous April 2, 2009 letter.

Councilmember Pust opined that the City Council needed to seek recommendations of their City Attorney, not just consider what was the best version of LMCIT proposals.

Councilmember Pust requested additional information based on language addressing retention issues for individual home computers, addressed on Page 4, Section VI, and data retention consistent with law, but not in perpetuity. 

Councilmember Johnson concurred with Mayor Klausing, asking that more information be provided on First Amendment Rights; expressing concern that freedom of speech rights were being squelched, in addition to not encouraging public discussion.  Councilmember Johnson questioned whether, by his serving as part of a governing body, he had given up some of those rights.

Mayor Klausing responded that Councilmember Johnson’s concerns were valid from a public policy standpoint, when elected officials should be encouraged to participate through public venues in expressing their viewpoints to their constituency; but opined that any policy should be consistent with state statute and the spirit of public discussions.

City Attorney Anderson noted that this draft was a working draft, and encouraged Councilmember comment and input.

Mayor Klausing concurred with Councilmember Pust’s concerns for retention of items on home computers; whether retention was necessary if items had gone through staff at City Hall where they would naturally fall into record retention categories; and whether communication of advisory boards to the City fell within this framework and policy as well.

City Manager Malinen advised that he needed to further consult with the City’s Information Technology staff on record retention practices; and referenced comment received from Planning Commissioner Daniel Boerigter related to this matter and advisory commissions.

Councilmember Pust opined that she didn’t appreciate the tone or focus of the proposed policy, and the comment about trying not to put things on paper so they could be construed as public data; when it was the intent and interest of the City Council to transparently comply with the Open Meeting Law and Minnesota Data Practice Act.  

Further discussion included individual City Councilmember correspondence with citizens, and when it became public information; removal of liability issues for the City once a document was legally obtained from a government entity and came into the public domain; and interpretation of uses of such data or using citizens as surrogates in forging decisions privately and not in the public venue.

Councilmember Ihlan addressed the purpose statement on Page 1, second paragraph; and suggested that the language mirror that of the Data Practices Act related to correspondence between elected officials and individuals.

City Attorney Anderson so noted.

Councilmember Ihlan opined that the disclaimer as addressed by City Manager Malinen, seemed confusing and unnecessary.

Mayor Klausing concurred; and questioned if it actually served a good public policy purpose, and may actually make citizens less willing to correspond with their elected officials if they thought the information was going to be shared.

City Attorney Anderson advised that his firm would work on the confidentiality concerns as discussed; noting that the most common privacy issue was personnel and/or discipline issues; and those would be the only practical things requiring a standard disclaimer.

Councilmember Roe concurred that this statement was overused.  Councilmember Roe referred to a recent presentation at Roseville University related to City Policy development on Data Practices and Record Retention that may serve to help clarify the questions and concerns expressed by Councilmember Pust.

Councilmember Roe noted the need to clarify language on Page 2, lines 8 – 13, related to distribution to all City Councilmembers or only a quorum.

City Attorney Anderson noted that this language was word for word from the Open Meeting Law.

Mayor Klausing noted that this policy was designed to distinguish communication, not pending City Council action, going to all Councilmembers.

City Attorney Anderson clarified the need to remind staff that anything specific to an agenda item needed to be included in the agenda packet and provided to the public, unless falling within City Attorney/client privilege.  City Attorney Anderson further clarified that, if a member of the public sent each Councilmember communication, there was no requirement in law to provide a public copy of those member materials; only those items prepared and/or distributed at the direction of the governing body or its employees; but that something coming to the City Council from a citizen was not within the provision of law needing to be included in the packet materials.

Mayor Klausing noted that, beyond the statute, but from a policy standpoint to provide for transparency in government and in the spirit of the law, it may be prudent to include that information.

City Attorney Anderson noted that there was nothing prohibiting the City Council from going further than the law required if they so chose that as their policy.

City Attorney Anderson advised that he would take tonight’s comments and discussion into consideration for changing this first draft, as well as further researching First Amendment laws.

14.             City Manager Future Agenda Review

City Manager Malinen reviewed upcoming meeting agendas and distributed drafts to Councilmembers via bench handout.

Councilmembers discussed additional time for advisory commission interviews, in addition to a brief Executive Session scheduled on March 9, 2009. 

Mayor Klausing suggested starting the regular meeting later on March 9, 2009, rather than the proposed supplemental meeting on Wednesday, March 11, 2009.

City Manager Malinen advised that he would move the March 9, 2009 meeting back to facilitate interviews and the Closed Executive Session.

15.             Councilmember-Initiated Items for Future Meetings

a.         Water Rate Structure (Councilmember Ihlan)

Councilmember Ihlan noted the information contained in tonight’s packet for Council information and review; along with a bench handout distributed tonight, indicating that, based on information from the Department of Natural Resources (DNR) website, the City’s new water rates did not meet prescribed conservation rates.  Councilmember Ihlan also provided as a bench handout an e-mail received earlier today from Senator John Marty’s office commenting on the same issue and the City’s rate structure.  Councilmember Ihlan requested that all this information be included in the March 9, 2009 Council Agenda packets to revisit the 2009 rate structure.

b.         Councilmember Roe requested an update on the City Manager Annual Review process.

16.      Adjourn

          The meeting was adjourned at approximately 9:36 pm.