City Council

City Council Meeting Minutes

Regular Meeting

May 18, 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 May: Roe; Johnson; Ihlan; Pust; and Klausing.   City Attorney Scott Anderson was also present.

Closed Executive Session

City Attorney Scott Anderson reviewed the purpose of the Closed Executive Session related to an update on attorney/client privilege and confidential appraisal information regarding Hagen Ventures, LLC, in accordance with Minnesota Statute, Section 13D.05 for Attorney/Client Privilege; and under Minnesota Statute 13D.05, subd. 3.c to allow discussion of real property that may be subject to an offer or counter-offer to purchase.  City Attorney Anderson noted that the meeting would be tape recorded with the tape held by the City Attorney until deemed appropriate, if applicable, for public dissemination.

Johnson moved, Klausing seconded, recessing the meeting into Closed Executive Session, at 6:07 pm, for the purpose of an update on attorney/client privilege and confidential appraisal information regarding Hagen Ventures, LLC, in accordance with Minnesota Statute, Section 13D.05 for Attorney/Client Privilege; and under Minnesota Statute 13D.05, subd. 3.c to allow discussion of real property that may be subject to an offer or counter-offer to purchase property.

Councilmember Ihlan spoke in opposition to the motion, opining that the meeting would not be required to go into Closed Executive Session for the City Council to consider purchase of land for right-of-way purposes to connect to Fairview Avenue.

Mayor Klausing spoke in support of the motion, opining that the Council had an obligation to protect the public interest for discussion of potential purchases and price negotiations; and that once an agreement had been reached, the City Council would conduct a public vote, in addition to providing their individual and corporate rationale for their decisions at that time.

Roll Call

Ayes: Roe; Johnson; Pust; and Klausing.

Nays: Ihlan.

Motion carried.

Recess

Mayor Klausing recessed the meeting at approximately 6:07 pm and reconvened at approximately 6:35 pm in Regular Session. 

2.                 Approve Agenda

Councilmember Ihlan requested removal of Consent Item 7.d entitled, "Adopt a Resolution Approving the Request of Old Dominion Freight Lines for the Vacation of Public Right-of-Way on the north and east sides of property at 2750 Cleveland Avenue (PF09-012)"

Councilmember Ihlan requested relocation of Discussion Item 13.a entitled, "Discuss Twin Lakes Code Enforcement," from the end of the agenda to Item 12, "Business/Action Items" to ensure discussion took place this evening, as the item had been continued from several previous meeting agendas due to time constraints.

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.  No one appeared to speak.

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

Mayor Klausing announced, in conjunction with the City of Roseville Human Rights Commission, an opportunity for the community to become more aware of the diversity in Roseville by attending the annual "Taste of Roseville," potluck picnic featuring cultural and ethnic foods; scheduled for Wednesday, May 27, 2009 at Central Park's Dale Street West shelter from 5:00 - 7:00 pm and sponsored by English Language Learners (ELL) and open to the public. 

          On a more somber note, Mayor Klausing expressed his personal condolences, as well as those of the City Council, community and staff, to the family of former Councilmember and community leader John Goedeke on his recent death.  Mayor Klausing opined that Mr. Goedeke's passing served as a real loss to the community; and highlighted some of the many areas of community involvement and leadership of Mr. Goedeke, and as a former teacher at Roseville area schools, as well as serving on the City Council for a number of years.

          See also Page 10, Line 23 regarding Roseville Public Shredding Event, June 13, 2009.

5.         Recognitions, Donations, Communications

            a.         Recognition of the 2009 Rosefest Design Contest Winner

Assistant Parks & Recreation Director Jill Anfang introduced Roseville Area High School student Nick Gawreluk, winner of the student button design contest; and recognized his teacher, Brian Hoag, for encouraging students to submit their designs portraying their interpretation of the 2009 theme, "Summer Delights."  Ms. Anfang expressed pride in Nick's work and his depiction of family, its bright colors and playful design. 

Mayor Klausing expressed his personal thanks to Nick Gawreluk and expressed his enthusiasm that the button design was taken into the community and High School.  Mayor Klausing asked that staff provide a proclamation or certificate formally recognizing Nick for future presentation.

Nick Gawreluk thanked the City Council and community for this opportunity, noting his enjoyment in participating; opining that it was great for kids to design something for the community.

Ms. Anfang announced that buttons were available for sale; and introduced members of the organizing committee for their tireless efforts to provide the community with a fun and festive event; and acknowledged some of them able to be present at tonight's meeting.  Ms. Anfang recognized the participation of all City departments and their staff in keeping the community safe during the Rosefest parade and related summer events.

On behalf of the community, City Council and staff, Mayor Klausing thanked all volunteers involved in the summer events, recognizing Ms. Anfang and staff for her coordination of the volunteers and many efforts related to the events; and noted that this was the 19^th year for the parade, and that it had become an integral part of the community.

b.         Proclamation of June 7, 2009 as Frank Rog Day

Ms. Anfang summarized recent improvements to the Central Park Frank Rog Amphitheatre, as detailed in the staff report dated May 18, 2009; and requested the City Council's proclamation of June 7, 2009 as "Frank Rog Day" in Roseville.

Mayor Klausing read a proclamation celebrating the 27-year career of Frank Rog as the City of Roseville's Parks & Recreation Director; and recognizing the community leadership of Mr. Frank Rog and his contributions in establishing, developing, and growth in creating award winning, nationally recognized City Parks and Recreation programs and facilities.

Johnson moved, Ihlan seconded, proclamation of June 7, 2009 as "Frank Rog Day" in Roseville.

Roll Call

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

Nays: None.

            c.         Recognition of Girl Scout Gold Award Recipients

Mayor Klausing recognized and expressed appreciation to several Girl Scout leaders present at tonight's meeting:  Laurie Tierney and Patsy Olson.

Mayor Klausing read specific proclamations for each Girl Scout achieving the Gold Award; and presented personal Certificates from the City Council recognizing this achievement to each.

Ms. Gohl thanked her Scout Leader, Laurie Tierney, for her assistance through her scouting career; and noted that there was one other recipient, a resident of Little Canada, who had also achieved this achievement.

Roe moved, Pust seconded, recognition of Shannon Bauer, Tess (Teresa) Tierney, Marissa Gohl, and Kathryn Galvin (not present), for their individual and respective leadership and as members of the Girls Scouts of Minnesota and Wisconsin River Valleys, and the successful accomplishment in receiving the highest award in Girl Scouting, the Girl Scout Gold Award and proclaiming May 18, 2009, as Girl Scout Day in Roseville.

Roll Call

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

Nays: None.

6.         Approve Minutes

a.                 Approve Minutes of May 11, 2009 Regular Meeting

Pust moved, Johnson seconded, approval of the minutes of the May 11, 2009 Regular Meeting as presented.

Roll Call

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

Nays: None.

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

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

Roll Call

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

Nays: None.

b.                 Approve Business Licenses

Roe moved, Johnson seconded, approval of business license applications for the period of one year, for the following applicants:

Roll Call

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

Nays: None

c.                  Establish a Public Hearing to Consider Issuing Conduit Debt Refunding Bonds for Eagle Crest Senior Housing/Presbyterian Homes

Roe moved, Johnson seconded, adoption of Resolution No. 10706 entitled, "Resolution Calling for a Public Hearing on the Issuance of Health Care and Housing Revenue Refunding Bonds and Authorizing the Publication of a Notice of the Hearing (Eaglecrest Project);" scheduling the Public Hearing for June 15, 2009.

Roll Call

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

Nays: None.

e.                 Approve a Memorandum of Agreement with Capitol Region Watershed District (CRWD) for Maintenance of Stormwater Management Facilities

Councilmember Roe requested clarification as to whether there would be no substantive changes to this document, since approval was occurring while the document, [while a policy objective of the City Council], was still in draft form. 

City Manager Malinen advised that any changes would be minor, and not substantive, and was a formality for approval of the Watershed District's attorney as to form.

Roe moved, Johnson seconded, approval of a Memorandum of Agreement, Contract between the City of Roseville and Capitol Region Watershed District (CRWD) for Maintenance of Stormwater Management Facilities.

Roll Call

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

Nays: None.

f.                   Adopt a Resolution Authorizing Application for the Minnesota Public Facilities Authority Drinking Water Revolving Fund

Roe moved, Johnson seconded, adoption of Resolution No. 10707 entitled, "Resolution for Minnesota Public Facilities Authority Application - Drinking Water Revolving Fund."

Roll Call

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

Nays: None.

8.         Consider Items Removed from Consent

a.                 Adopt a Resolution Approving the Request of Old Dominion Freight Lines for the Vacation of Public Right-of-Way on the north and east sides of property at 2750 Cleveland Avenue (PF909-012) (Former Consent Item 7.d)

At the request of Mayor Klausing, Community Development Director Patrick Trudgeon briefly reviewed this item, as part of the vacation and re-granting agreement to facilitate the Metropolitan Transit park and ride project; and clearing titles as agreed to by the City and property owner, Old Dominion.

Councilmember Ihlan questioned whether there was compliance related to code enforcement issues and maintenance of this site; or whether truck storage issues were evident on the property. 

Mr. Trudgeon advised that, in accordance with his previous conversations with Councilmember Ihlan, staff was monitoring the site on an ongoing basis, particularly since the City Council had ultimately denied earlier in 2009 an interim use permit request by Old Dominion to store trailers on the site.  Mr. Trudgeon advised that he had personally viewed the Xtra Lease parcel for non-compliance, and it appeared that the truck/trailer storage was on the southern side of the property, where substantial activity was occurring related to the park and ride facility construction.  However, Mr. Trudgeon advised that he would turn this matter over to the City's code inspectors to determine compliance; noting that the property owner may cause some dispute related to their perceived rights on the property, but that staff would pursue that issue as well.

Councilmember Ihlan requested a status report from staff to the City Council should code enforcement staff determine any non-compliance issues, or if the truck storage is indeed related to construction activities; specifically to determine if the property owner is in violation of the City Council's denial of their interim use permit request.  Councilmember Ihlan suggested that the City Council withhold action on this request pending receipt of the report from staff.

Mr. Trudgeon advised that staff would provide that update to the City Council.

Councilmember Pust questioned if, by taking this requested action, the City was losing any leverage for code enforcement; and confirming that the property owner had an obligation to comply with City Code related to code enforcement.

Mr. Trudgeon advised that the City was not losing any leverage for code enforcement; and confirmed that staff had provided for conditions for the City's vacation and recording of the vacation with Ramsey County.

Discussion included certain provisions of the Re-granting Agreement itself; 60- day review deadline of June 12, 2009; potential resolution of storage compliance prior to granting this request; specific land use issues and whether they were linked to specific code enforcement issues; and the vagueness of the word "promptly" related to page 2, Item 4 of the Agreement.

City Attorney Anderson, at the request of Mayor Klausing, advised that there was no connection between the vacation agreement, contractual in nature; and that there was no language in the Vacation Agreement that would prevent the City from performing ongoing code enforcement on the site, and opined that the two items seemed disconnected.

Jim Walston, Attorney for Old Dominion Freight Line

Mr. Walston advised that this was the first he'd heard of any potential code violations on the site; and further advised that, should any noncompliance be evidenced on the site, he would personally see that those items were resolved.  Mr. Walston concurred with staff that there were numerous pieces of construction equipment on-site; and opined that this was a separate issue and that he would address it accordingly and promptly. 

Councilmember Pust thanked Mr. Walston for recognizing the City Council's concern, and for offering his respectful assurances.

Johnson moved, Roe seconded, adoption of Resolution No. 10708 entitled, "A Resolution Approving the Vacation of Certain Public Right-of-Way on Property Located at 2750 Cleveland Avenue (PF09-012);" pursuant to the Vacation and Re-Granting Agreement and affecting Outlot A of the Twin Lakes Addition Plat (Old Dominion).

Councilmember Ihlan expressed appreciation for Mr. Walston, as the property owner's legal counsel, and his willingness to resolve any outstanding issues; and spoke in support of the motion with those assurances.

Roll Call

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

Nays: None.

9.                 General Ordinances for Adoption

10.             Presentations

a.                 Joint Meeting with the Ethics Commission

Mayor Klausing welcomed Ethics Commission members present: Chair LuAnne Pederson and Commissioner David Horsager.

Ms. Pederson extended apologies from other Commissioners who were unable to attend tonight's meeting; and thanked Councilmembers for providing an opportunity on an annual basis for these joint meetings for Commissions to update Councilmembers of accomplishments over the last year, and to receive any additional  City Council direction for the upcoming year.

Ms. Pederson briefed Councilmembers on the Commission's productive year and their ongoing and important goal for the Ethics Commission to keep the Ethics Code and its principles in front of everyone.

Ms. Pederson reviewed the annual training seminar, per Ethics Code, for new public officials, as well as inviting others.  Ms. Pederson noted that, at the last joint meeting of the Commission and City Council, there had been discussion as to whether the annual training be made mandatory for all elected and appointed officials, as well as staff; however, Ms. Pederson advised that, after review and exploration by the Commission, they were recommending to the City Council that the training not be mandatory.  Ms. Pederson advised that the last two years of training had been well-attended; that the training had been video-taped and made available to any interested parties and those unable to attend in person; and that new public officials received an orientation packet, compiled by the City's Administration office that included a DVD of the training session, as well as all other Ethics materials.  Ms. Pederson opined that the Commission had concluded that the current system should suffice without making the training mandatory.

Ms. Pederson advised that this year's training, currently under discussion with the City Manager, would again use the City Attorney's office to provide that training.  Ms. Pederson recognized City Attorney Anderson for providing the training for the last two sessions; and extended the Commission's appreciation for the excellent nature of that training.  Ms. Pederson noted that this was part of the City Attorney's retainer to provide this training, allowing for no additional cost to the City.  Ms. Pederson advised that this year's training was scheduled for November 2009, with rationale to provide training immediately prior to Christmas and the gift-giving season; and noted that, while City Attorney Anderson had provided excellent training the last two years, the Commission had requested another attorney from their firm for this year's training in order to allow for a fresh perspective to those having attended previously.

Discussion among Councilmembers and Commissioners included whether it would be advantageous for the annual training to remain as one large group or whether to break into smaller groups allowing attendees to speak more freely in a smaller and less intimidating group; the value of the training.

Ms. Pederson provided an update on the Advisory Ethics Opinion procedures recently implemented, as per City Council approval in 2008; and the value of the process to-date.  Ms. Pederson advised that the Commission had provided one formal opinion and three informal opinions to-date; and were pleased that the process had been useful and well-received.  Ms. Pederson advised that the formal opinions were published as part of the Commission's meeting minutes, and available on the City of Roseville website for public access and for reference.  Ms. Pederson advised that as more opinions became available, the Commission would like to provide a reference library on the City's website for easy access.

Mayor Klausing sought assurance that the identity of those requesting opinions remained confidential.

City Attorney Anderson advised that the City Attorney's office sanitized the opinion in summary form, and that summary was published on the website; addressing data practice privacy issues.

Ms. Pederson, in conclusion, advised that the Ethics Commission was pursuing a new initiative with a quarterly e-mail newsletter to everyone affected by the Ethics Code (i.e., all elected and appointed officials and City employees) and providing relevant information on various ethics issues and topics.

Further discussion among Commissioners and Councilmembers included communication options for informal advisory opinions, as part of the quarterly e-mail newsletter previously referenced; and the annual review of the Ethics Code of Conduct by the Commission for any recommended changes, with none being recommended this year, given that the Code was only three years old and having recent minor changes made during that time period.

Mayor Klausing expressed his positive impression with the presentation of the Ethics Commission, and his appreciation of their work.  Mayor Klausing noted that he was very happy with all of the City's Advisory Commissions representing good people doing good work to benefit the entire community.

Announcement of Roseville Public Shredding Event

Mayor Klausing announced that on Saturday, June 13, 2009, from 9:00 a.m. - 12:00 Noon,  there would be a mobile shredding truck at City Hall, with the public also invited to bring in up to five cartons for free document shredding.  Mayor Klausing advised that additional information was available from the City's Recycling Coordinator, Tim Pratt at 651 792-7027.

b.                 Presentation and Acceptance of the 2008 Financial Audit

Finance Director Chris Miller introduced Jim Eichten, CPA, from the firm of Malloy, Montague, Karnowski and Radosevich and Company, PA (MMKR) to present the annual Financial Audit and Findings; and Management Report for the year-ended 2008.

Mr. Eichten's presentation provided an overview of the various components of the Audit from his perspective and his role as Auditor, and those items of interest and attention to the City Council.  Mr. Eichten reviewed the organization of the Audit, including the Management Report and Special Purpose Audit Reports on Internal Controls and Compliance with Laws and Regulations.

Mr. Eichten summarized those various sections: Audit Summary; Funding Cities in MN; Government Funds Overview; Financial Trends and Analysis; and Accounting and Auditing Updates; as well as providing an opinion on Financial Statements in accordance with U.S. GAAP; testing of internal controls and compliance with state laws and regulations related to financial reporting.

Mr. Eichten advised that some findings were carry-over from the previous year?s audit, and that some were new this year.  Mr. Eichten briefly reviewed those findings related to: Skating Center segregation of duties based on a lack of personnel allowing for transaction flow; internal controls for reimbursable contract costs; prior period adjustments for financial reporting of Housing and Redevelopment Authority (HRA) loans; and adjusting journal entries over the reporting year of the fair value of investments. 

Mr. Eichten reviewed the status of each of those findings; discussions with staff; and noted that Housing Coordinator Jeanne Kelsey had identified and done extensive work in improving accounting for HRA loans prior to their findings, but indicating a lack of previous controls for that account.  Mr. Eichten advised that, based on her work, no additional recommendations were provided, just an acknowledgment that those previous controls had been lax.

Mr. Eichten noted that the finding related to claims declarations for electronic payments, while a previous finding, could not be resolved until resolution by the State Auditor in 2009, providing that Cities could get a one-time declaration and continue payments to those particular vendors throughout the year, without requiring a declaration for each payment.

Discussion among Councilmembers, Mr. Eichten and Mr. Miller included Skating Center operations and the inability to segregate those duties, with Mr. Miller advising that this was indicative of the City's smaller point-of-sale transaction sites and the limited number of employees having developed a sufficient skill set due to turnover and training in progress for part-time staffing and sometimes on a seasonal basis.  Mr. Miller advised that this may be a recurring situation for some areas of the City; and staff has since been alerted to the need to segregate and correct those situations to the best of their ability.

Further discussion included the need to centralize accounting for grants/contracts within the Finance Department, rather than just in specific departments.  Mr. Eichten noted that, while it was standard practice for a department to manage grant reporting and reimbursement costs, it was advisable to provide further oversight of those funds to ensure all applicable costs were being invoiced properly and reimbursed.  Mr. Miller concurred, noting that some issues were related to timing and part to the City's organizational structure; and that improving communication between all departments, allowing the Finance Department to be aware of all grant applications and awards, and providing a comprehensive list of those opportunities to be available for follow-through by the Finance Department and awareness of the Auditor.  Mr. Eichten advised that many grant areas were challenging due to their reporting and reimbursement criteria, and that often it was a good idea to keep that within the department, but that the information needed to be flowed to the Finance Department as well for a more comprehensive picture.

Mr. Eichten advised the overall audit had gone well, with the one  recommended change as noted in the Management Report; and advice that the City continue to look at contingency planning and a disaster recovery plan for its Information Technology functions.

Mr. Eichten summarized graphs provided in the audit, providing information on how the City was doing financially overall and impacts of legislation and market value homestead credits; in addition to new federal recovery act funding that the City may obtain, and significant increases in compliance required for those funds.

Mr. Eichten reviewed tax rates; Governmental Fund activities per capita; the City's debt service being significantly lower than the state-wide average; General Fund financial position; its current fund balance of 31.0%, and current City policy stating 50% for fund balances; and a history of General Fund revenue sources.

Mr. Eichten noted that the City was similar to other city governments in the metropolitan area; and that police and fire expenditures were major expenditures to each of those communities as well.

Mr. Eichten highlighted his comments related to Financial Trends and Analysis, specifically noting deficit fund balances in the Charitable Gambling Fund and Information Technology Fund.

Mr. Eichten advised that the audit was offering a clean opinion; and that his firm had had satisfactory discussions of their findings related to internal controls and monitoring; a decline in the overall financial condition of the City's General Fund in 2008; and noted that it was evident that City staff was providing for an ongoing assessment of financial results and projections; and had provided solid answers providing him with a comfort level that the financial information being provided by department staff to the City Council was allowing informed decision-making.

Mayor Klausing noted his anticipation of not receiving the finding related to electronic payments for the 2009 audit.

Mr. Miller advised the City Council as a whole, and/or individually, to feel free at any time to consider Mr. Eichten as a resource and to contact the City Auditor directly related to the information received tonight, or other areas of City financing.

Further discussion included the vendor payment process for the City being required to pay vendors within 35 days of receipt of goods or receipt of an invoice.

Roe moved, Johnson seconded acceptance of the 2008 Annual Financial Report as presented.

Roll Call

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

Nays: None.

11.             Public Hearings

12.             Business Items (Action Items)

a.                 Approve City Property Abatement for an unresolved Code Violation at 182 South McCarrons Boulevard

Permit Coordinator Don Munson reviewed the request for abatement as detailed in the staff report dated May 18, 2009; advising that pile of debris remained after the property owner had torn down the shed.  Mr. Munson provided updated photos of the debris; the progress made last fall and before snow fall, and the property owner's request to complete the job this spring by June 1, 2009 and before the City preformed an abatement.  Mr. Munson opined that the property owner realized the City was serious about the abatement; and appeared willing to attempt resolution prior to that abatement being initiated.

Roe moved, Klausing seconded, directing staff to abate public nuisance violations at 182 South McCarrons Boulevard, if not completed by the property owner by June 1, 2009,  by hiring a general contractor to correct existing code violations, as detailed in the Request for Council Action dated May 18, 2009, at an estimated cost of approximately $600.00; and further directing that the property owner be billed for all actual and administrative costs; and if those charges remain unpaid, staff is to recover costs as specified in Minnesota Statute, Section 407.07B; with costs to be reported to the City Council following the abatement.

Roll Call

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

Nays: None.

b.                 Approve the Final Planned Unit Development for the Ramsey County Library

City Planner Thomas Paschke reviewed staff's analysis of the request of Ramsey County Library at 2180 Hamline Avenue for Final Development Plan and Planned Unit Development Agreement approval to allow expansion of their current library site and facility; proposed to be an approximate 30,300 square foot second story addition to the existing 43,400 square foot library and an increase of on-site parking of 121 spaces through reconfiguration of the existing parking lot and construction of a new parking lot on the north side of the facility.  Mr. Paschke highlighted further of the Development Review Committee (DRC) of two sets of plans pertaining to the final project, since the City Council approved preliminary plans; with those comments detailed in Section 4.2 of the staff report dated May 18, 2009.

Discussion between staff and Councilmembers included clarification of the number of lots on the north side and their depth as indicated incorrectly on staff's map, but portrayed accurately on the library map; appreciation for ongoing discussions and resolution of various concerns by the architect with staff; whether the PUD Agreement or site plans indicated inclusion of bicycle parking and security facilities on site or whether that needed to be identified as a specific condition for approval to ensure compliance, as detailed in the staff report, Section 4.1.e; inclusion of pedestrian walkways and their connection within the site.

Mr. Paschke advised that there was no applicant representative present at tonight's meeting, but that they had been notified of tonight's meeting.

Motion 1 of 2

Klausing moved, Ihlan seconded, approval of the Final Development Planned Unit Development (PUD) for the Ramsey County Library, per plans as presented and dated March 31, 2009 and April 14, 2009.

                                         Roll Call

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

Nays: None.

Motion 2 of 2

Klausing moved, Ihlan seconded, approval of the Planned Unit Development (PUD) Agreement, stipulating all terms and conditions under which development shall occur; amended as follows:

§         Additional condition, as per Section 4.1.e of the Request for Council Action dated May 18, 2009, related to the provision of bicycle parking and security on the improved site; and specifically to be included in Section 9.13 of the PUD Agreement as an additional condition (page 5 of 7) language providing the "Bicycle parking and security will be provided on site."

Roll Call

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

Nays: None.

c.                  Adopt a Resolution Approving the Request by Pawn America for a Conditional Use Permit to allow internal expansion of existing store at 1685 - 1717 Rice Street (PF09-011)

City Planner Thomas Paschke provided staff's analysis, as detailed in the Request for Council Action dated May 18, 2009, of the request of Pawn America to expand their existing pawn store, a CONDITIONAL USE, within the McCarrons Hills Shopping Center at 1685 - 1717 Rice Street.  Mr. Paschke advised that, as directed by the Planning Commission, the Planning staff had met with the City's Police Department for specific language of the condition related to video surveillance equipment to monitor shopping center parking areas.  Mr. Paschke further addressed the requested additional condition of the Planning Commission related to any future consideration of a drive-thru at this location be considered only by amendment to the Conditional Use process.

At the request of Mayor Klausing, staff confirmed that this proposal was not seeking a drive-thru, and this condition was as result of a concern voiced by a Planning Commission member, based on two of the applicants other locations providing drive-thru service at their facilities.

Discussion included any indication that this use increased the required police service due the nature of this business and related to traffic and/or police calls; and the area proposed for expansion.

Community Development Director Patrick Trudgeon advised that the increased parking lot video surveillance condition will assist police operations; and that staff annually reviewed the pawn license upon renewal, and that the Police Department would alert the City Council of any instances.  Mr. Trudgeon noted that this was the only pawn shop in the community, and that it was appropriately monitored by the City's Police Department, in addition to the applicant working cooperatively with the Department, as well as bearing costs for installation of additional cameras.

Councilmember Roe noted that City Code, Chapter 311 specifically addressed transaction fees and fee structures accordingly.  Mayor Klausing thanked Councilmember Roe for pointing that out.

The applicant was present, but made no comment.

There was no one present from the public to speak to this issue.

Roe moved, Johnson seconded, adoption of Resolution No. 10709 entitled, "A Resolution Approving a Conditional Use in Accordance with Roseville City Code, Sections 1005.015 and 1013.01 for Pawn America LLC and Osborn Properties Limited Partnership (PF09-011)."

Roll Call

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

Nays: None.

d.                 Adopt a Resolution Approving the Request by AT&T (with Presbyterian Homes) for a Planned Unit Development (PUD) Amendment to allow the installation of cellular antennas at 2925 Lincoln Drive (PF09-008)

City Planner Thomas Paschke provided staff's analysis, as detailed in the Request for Council Action dated May 18, 2009, of the request of AT&T Mobility, in cooperation with Eagle Crest Senior Housing LLC, for a PUD Amendment in order to allow installation of three telecommunication antennas and an equipment shelter on the roof of the Eagle Crest building at 2925 Lincoln Drive.  Mr. Paschke reviewed plan sheets for the request; and noted that the request was similar to that recently approved by the City Council for T-Mobile on the same site; and was recommended for approval by staff, subject to conditions as detailed in the draft resolution included in the packet.

There was no one present from the public to speak to this issue; and Mr. Paschke advised that there had been no public comment at the Public Hearing held at the Planning Commission level.

Councilmember Ihlan noted three  personal contacts she'd received from residents expressing concern with the placement of the antennas and possible public hearing concerns associated with this type of cell phone tower.  Councilmember Ihlan noted that no information had been provided to the City Council on that perceived risk; and recommended that the City Council postpone a vote on this issue until those residents could bring additional information forward for City Council review.

Mayor Klausing noted that he had received two of the three e-mails; and further noted that this health concern had come up before with installation of wireless antenna on the Hamline Office building; and that, while recognizing the expressed concern, no evidence of adverse health issues had been received.  Mayor Klausing opined that he wanted to be responsive to resident concerns; but noted that those concerned citizens should provide at least a minimal effort to provide that information, rather than anticipating that the City Council would hold up action to meet their timing.  Mayor Klausing noted the need to provide clear evidence of such a risk, rather than just a perceived fear of such a risk without basis.

Councilmember Ihlan noted that the residents raising their concern had been unable to attend previous meetings, as they had been out of town.  Councilmember Ihlan reiterated her preference that, as a precautionary principle, the City Council should delay action until they were able to evaluate this additional information.  Councilmember Ihlan noted that a secondary issue was related to the actual placement of the antenna and that further delay may benefit that discussion as well.

Councilmember Roe noted that, with his role as the City's representative to the North Suburban Communications Commission, he had researched FCC rulings related to municipal authority for location and/or approval of communication antenna and towers, in addition to seeking confirmation from the City Attorney?s office as well.  Councilmember Roe advised that the FCC and federal law related to tower siting did not allow municipalities to deny on the basis of health or environmental concerns, as long as the proposed equipment met FCC requirements for radio frequency emissions.  Councilmember Roe advised that the City Council could request that the applicant demonstrate that they have documentation of that.

Mark Hemstreet, Buell Consulting, Inc. and Authorized Representative of AT&T

Mr. Hemstreet concurred with Councilmember Roe, based on provisions of the Telecommunications Act of 1996, that local authorities cannot reject application based on health concerns if AT&T can provide they are abiding by FCC regulations.

Councilmember Ihlan requested that verification and documentation be in hand prior to City Council approval; opining that otherwise the City Council would be disenfranchising residents from due process and public comment.

Ihlan moved to continue consideration of this item to the June 8, 2009 meeting to allow residents to provide additional information; and for the applicant to provide documentation as referenced.

The motion failed for lack of a second.

Roe moved, Johnson seconded, adoption of Resolution No. 10710 entitled, "A Resolution Approving an Amendment to the Eaglecrest Planned Unit Development (PUD), 2925 Lincoln Drive (PF09-008);" allowing the installation of three pair of telecommunication antenna and an equipment shelter on the roof of 2925 Lincoln Drive; amended to include an additional condition between existing conditions #3 and 4 and renumbering conditions accordingly, with the new condition providing for:

§         "AT & T Telecommunications shall provide documentation to the City of compliance with FCC radio emissions."

Further discussion included placement of antennas on the rooftop and potential impacts to the neighborhood; placement of antenna to directionally target specific areas and minimize visual impact as much as possible; and screening of the equipment for maximum screening from the ground.

Mayor Klausing spoke in support of the motion; recognizing concerns raised by citizens, but not putting form over substance, and addressing the situation by adding an additional condition to the approval.

Councilmember Ihlan spoke in opposition to the motion, due to lack of documentation and in consideration of her preference to allow additional public input.

Councilmember Roe noted that, should the applicant not meet the provisions and conditions as indicated, they would be in violation of the PUD and there were steps in place for the City to enforce that noncompliance.

Roll Call

Ayes: Roe; Johnson; Pust; and Klausing.

Nays: Ihlan.

Motion carried.

e.                 Approve the Request by Bituminous Roadways for a Conditional Use to allow outdoor storage of aggregate materials and heavy equipment at 2280 Walnut Street (PF09-010)

Community Development Director Patrick Trudgeon summarized staff's analysis, as detailed in the Request for Council Action dated May 18, 2009, of the request of Bituminous Roadways for a CONDITIONAL USE to allow outdoor storage of aggregate materials and heavy equipment as a Conditional Use in support of the operation of an asphalt plant at 2280 Walnut Street.

Mr. Trudgeon noted that asphalt processing itself was a permitted manufacturing use in the I-2 District; and that the Conditional Use request was only prompted by the need for outdoor stockpiles of the aggregate inputs for the asphalt process and the heavy equipment to move it; with the only concerns being related to potential affects of dust and noise of that storage.

Mr. Trudgeon noted that applicant representatives were present at tonight's meeting.

Councilmember Ihlan requested the scope of notice provided to surrounding property owners.

Mr. Trudgeon advised that the standard 500' notice had been provided.

Councilmember Ihlan opined that this notice scope did not provide sufficient notice to those residences across I-35 that may be impacted by dust, noise, fumes and/or smoke from the asphalt plant; and further opined that she was leery to give approval for permanent use without providing notice to a larger area of residents and businesses that could be significantly impacted.

Councilmember Roe clarified with staff that the Building Permit process would address approval of location of buildings, structures and equipment on site.

Councilmember Ihlan questioned if this request had been considered by any other advisory commission other than the Planning Commission (i.e., Public Works, Environment, and Transportation Commission); with Mr. Trudgeon responding negatively, based on the construction, operation and compliance monitoring criteria provided by the applicant based on the Minnesota Pollution Control Agency (MPCA) guidelines.

Councilmember Ihlan advised that she had reviewed the packet materials; and opined that she had a broad range of environmental concerns related to the asphalt plant, and that additional environmental review was indicated.  Councilmember Ihlan further opined that, while there were state standards to be met, there was nothing addressing City concerns and how the City participated in enforcing those standards.  Councilmember Ihlan expressed concern that all of those who may be impacted by this CUP approval may not even be aware that this was before the City Council, without further and a much wider range of notice being provided before action was considered.

Councilmember Johnson noted that the Planning Commission minutes addressed responses to environmental issues, and the plant proposed to meet or exceed federal and state requirements.

Applicant Representatives: Kent Peterson, President of Bituminous Roadways; Libby Henderson, Environmental Consultant for Bituminous Roadways, working with asphalt plants throughout the State of MN; John Kittleson, Vice President of Bituminous Roadways, Inc.; and Gary Johnson, Anderson Engineering, project engineer.

Applicant representatives, based on their specific areas of expertise, addressed various concerns, including comments related to frequency of auditing by the Environmental Protection Agency (EPA) and MPCA with a base line stack test upon initial operation of the plant based on their production level and annual reporting produced and submitted to the MPCA providing measurement of emissions for the year (sample report from one of the applicant?s other plants submitted for review); clarification of various chemical acronyms regulating criteria pollutants and based on specific volumes for emissions; identification of this plant as a "medium course" as per MPCA regulatory structures under a registration permit; and the actual gross volume per year of allowable and actual pollutants.

Further discussion included assurances that actual public health concerns were being addressed beyond strict legal standards and EPA requirements; federal standards and state implementation of those federal regulations and enforcement and management of compliance of asphalt plants; portable plants versus permanent sites and monitoring of each site; voluntary audit work for checklist for compliance; and distance that pollutants or emissions may travel from the actual plant site.

Mr. Peterson addressed improved industry technologies proposed for this plant, including a "knock-out system" and a "bag house;" allowing for larger particles to be removed from the system and filtered through various filter bags and recycled through the plant, allowing for minimal particulates leaving the stacks.

Ms. Henderson advised that people would observe steam from the stacks as the drum dried water off the rocks; and that typically odor would emanate from the raw asphalt or product prior to its shipping, rather than from the stack itself.  Ms. Henderson opined that typically, those odors would be short-term, and would shift with prevailing winds, making them difficult to identify.

Mr. Peterson noted that their Minneapolis plant operated on two acres of land, north of Lake Street off Cedar Avenue, with an apartment building immediately adjacent to the property; and that they had never received any complaints of smoke or odor.

Mr. Kittleson noted that the Minneapolis plant operated on a "wet-wash system," and was not nearly as efficient as the proposed system in Roseville; with this plant proposed as warm rather than hot mix, providing for cleaner operations.

Ms. Henderson advised that data predicting a scope for emissions traveling from a stationary site were not a typical request or requirement of the regulatory body in the permitting process.

Further discussion included the height of the stacks, estimated to be 70' or below; explanation by the applicant of the process for collection of materials from old roads and how it was crushed and recycled into a usable size and elements blended at the plant with virgin aggregate from quarries in the metropolitan area; transfer of gravel from a pit in Inver Grove Heights and aggregates from suppliers (limestone) from Burnsville and other sources by truck, and hopefully by a rail spur on site.

Councilmember Pust sought clarification for the company's preference to locate in Roseville.

Mr. Peterson advised that economic considerations indicated a preference to work within a 15 mile radius of the plant, and within their market area, providing asphalt paving for major highway construction projects in the area, but most work consisting of parking lots, driveway contractors and City streets. 

Mr. Kittleson advised that the company had a good client base in metropolitan inner-city suburbs, and that they hoped to be in the City for the long-term, and to be a good corporate neighbor and blend into the community.

Mayor Klausing refocused discussion on the request before the City Council as the asphalt plant itself was a permitted use in this industrial zoning district.  Mayor Klausing suggested that, at the Council?s preference, a future discussion of permitted uses under City Code may be appropriate.

Councilmember Pust observed that the asphalt plant itself could not operate without outside storage of aggregate materials.

Councilmember Johnson requested additional information pertaining to equipment and aggregate materials stored on site and assurances that the materials were not contaminating the ground.

Mr. Peterson advised that the areas for outdoor storage would be paved; that a stormwater management plan was required and being prepared, including a spill prevention plan for containing and reporting any potential spills; with holding tanks in place for liquid asphalt and fuels for equipment, and would be within a concrete containment area.

Mr. Trudgeon provided a map outlining the areas for various areas of the plant and outdoor storage.

Councilmember Ihlan noted and concurred with the comments expressed by Planning Commissioner Joe Wozniak in their meeting minutes related to not being able to separate the asphalt plant and outdoor storage issues.  Councilmember Ihlan opined that the City Council should provide notice to an extended area before making a decision to approve a permanent asphalt plant; and that additional study of how far the smoke and odors may travel was indicated.

Councilmember Pust, while not disagreeing with Councilmember Ihlan, sought additional information from the applicant regarding impervious coverage (not limited to 30% in an industrial area); and how the applicant had addressed potentially existing soil contaminants.

Mr. Peterson advised that the company was in the process of purchasing the property at this time, and that soil borings were part of their due diligence in assessing the environmental status of the property, what and if any contaminants were apparent, and how they could be dealt with.  Mr. Peterson advised that, if they were not satisfied with the environmental review, they would not purchase the property.  Mr. Peterson noted that another condition of purchase was proper approvals by the City Council for the outdoor storage.

Mayor Klausing expressed frustration with the "constantly shifting target of adequate notice areas" for staff to follow and the City Council to consider, seemingly based on how controversial a project or use is perceived to be.  Mayor Klausing expressed his interest in informing the community; however, he noted the need to be realistic and allow some burden of awareness for the public.  Mayor Klausing noted the regulatory provisions in place, through the City's partnership with state and federal governmental agencies; noting that the City did not have that expertise.

Councilmember Pust noted that the 60-day review period deadline was not until July 2, 2009.  Councilmember Pust spoke in opposition to additional mailing of notice; however, she expressed her personal interest in observing one or more of the applicant's other sites; and noted that this would serve to facilitate additional public comment during that time and before the City Council took action.  Councilmember Pust apologized to the applicant for not having taken time to review other operations prior to tonight's meeting; however, expressed an interest in touring the Shakopee or Minneapolis sites before she made a decision, noting that this would be a visible part of the community and she would like to get a sense of how the operations would be screened and how the plant actually operated.

Public Comment

Gary Grefenberg, 91 Mid Oaks Lane (located 3 miles downwind from the proposed facility)

Mr. Grefenberg advised that he first became aware of this proposal when he received a call from a neighbor located in a condominium 1200 feet from the plant; and expressing concern to neighborhoods related to odors from operations.  Mr. Grefenberg advised that he didn?t have enough information to determine if he was opposed to the project, but asked that the City Council hold another Public Hearing to identify and address potential concerns.  Mr. Grefenberg asked for clarification on whether this plant would provide additional jobs in the community, and whether those jobs would be living wage jobs.

Mr. Peterson advised that this new plant would employ approximately five employees on site that would serve various construction projects within a 15 mile radius, with approximately 30 employees on those paving sites; another 15 truck drivers who would be plant employees; and that the wages would average $30.00 per hour.

Mr. Grefenberg advised that he would need to weigh the inconvenience of the plant with creation of living wage jobs.

Mr. Peterson noted that the company proposed to shutter the Minneapolis site, its least productive and least efficiently operating plant, with this site proposed to produce 300,000 tons per year of aggregate materials.

Mr. Grefenberg requested that the City Council delay action on this issue to allow more citizens to become aware; and that the City Council provide additional and extended notice of this proposal.

Councilmember Roe noted that this was a permitted use; and he recognized linkage of the permitted use and the requested conditional use; however, he expressed concern about where and how the City drew the line for additional notice; and how the City could require more environmental review than those regulatory agencies charged for monitoring this type of use. Councilmember Roe advised that he had no problem tabling action tonight to allow for more specific information.

Pust moved, Ihlan seconded, tabling action on this request until the regular Council meeting scheduled for Monday, June 8, 2009, for the purpose of further review.

Roll Call

Ayes: Johnson; Ihlan; and Pust.

Nays: Roe.

Abstentions: Klausing.

Motion carried.

Councilmember Pust requested that staff provide addresses for the applicant's other facilities in Minneapolis, Shakopee and Inver Grove Heights.

Mr. Kittleson advised that they would provide that information to staff; and offered to coordinate guided tours of the plant through staff, based on the schedule of operations at each specific plant.

Ihlan moved that the City Council direct staff to provide mailed notice of the June 8, 2009 meeting and this discussion to residents and businesses within a 1500 foot radius.

The motion failed due to lack of a second.

Councilmember Ihlan expressed her frustration that the City Council would not consider providing this additional notice of something so important to the community.

Mayor Klausing advised that he had no objection to notifying people; however, suggested that that notice was available through broadcast of the Planning Commission and City Council meeting, as well as word of mouth; and that those interested would be made aware of the issue.  Mayor Klausing reiterated his concern in government being so arbitrary as to keep shifting goals for notice areas.

Councilmember Roe opined that 1500' was arbitrary.

Pust moved, Johnson seconded, referring this issue to the City's Public Works, Environment and Transportation Commission (PWET) for their analysis and input at their meeting on May 26, 2009.

Mayor Klausing sought a specific charge for the PWET.

Councilmember Pust suggested that the PWET have an environmental discussion based on potential noise, dust and smell concerns, from their expertise and perspective.

Councilmember Ihlan spoke in support of that motion.

Mayor Klausing spoke in opposition to the motion; noting that this was a land use issue that had been heard through the Planning Commission process; and while he shared some of the concerns expressed, opined that this was more appropriately dealt with in the zoning context.  Mayor Klausing reiterated the potential need for future discussions at the Planning Commission and City Council level related to allowable uses in specific zoning code.

Councilmember Roe spoke in support of referring the issue to the City's PWET, with a specific charge to provide feedback or advice to the extent of regulatory schemes for this type of facility; and how that use fit into that location in Roseville; clarifying that this was strictly advisory information being sought.

Councilmember Johnson concurred with Councilmember Roe's comments; and stipulated that the discussion at the PWET level provide a direct correlation to the stored materials outdoors.

Roll Call

Ayes: Roe; Johnson; Ihlan; and Pust.

Nays: Klausing.

Motion carried.

13.             a.         Discuss Twin Lakes Code Enforcement

Community Development Director Patrick Trudgeon reviewed staff's inspection of the Twin Lakes redevelopment area for public nuisances observed by citizens and reported to Councilmembers.  Mr. Trudgeon advised that, per previous Council direction, staff had sent notices (on April 17, 2009) to applicable property owners, as detailed in the staff memorandum dated May 18, 2009, requesting that public nuisances be corrected within 14 days; and re-inspected each site for compliance on May 5, 2009.  Mr. Trudgeon reviewed the specific properties now in compliance, and those remaining non-compliant. 

Mr. Trudgeon addressed parcels owned by Roseville Properties, noting that in preparation for demolition of their buildings, their plans were to demolish the buildings within the next 60-90 days; and would ask that the City hold off requiring them to make any corrections (e.g., painting over graffiti).

Mr. Trudgeon advised that City Attorney Anderson had information for the City Council on the Hazardous Building Law for Council information, as previously requested.

Councilmember Ihlan questioned why staff had singled-out Roseville Properties to not comply, when the City needed to be proactive on commercial properties, similar to the abatement process used for residential properties.  Councilmember Ihlan spoke in support of sending a second notice to those properties owned by Roseville Properties still not in compliance, to keep the process moving; and would also like a discussion of state law requiring demolition, to continue putting fair and appropriate pressure on them.

Mayor Klausing questioned if and how Roseville Properties were being treated differently; as it was the City's practice to work with the property owner rather than instituting actual proceedings wherever possible.

Mr. Trudgeon noted that staff had been more successful in proactively working with property owners; noting the timing of the pending demolition of buildings owned by Roseville Properties, and contrasting that to the PIK property and staff's demand for immediate compliance as there appeared to be no intention on their part to demolish the building in the near future.  Mr. Trudgeon noted that, from his discussions with Roseville Properties representatives, their perspective was that they were being singled out even though they were in the process of rectifying the situation and taking the proper course of action.  Mr. Trudgeon reiterated staff recommended that further action be held in abeyance to a date certain, and if no action was taken, staff would reinstate the process and follow through for compliance.

Councilmember Pust opined that 60-90 days would represent the entire summer, with more citizens becoming aware of the disrepair of the buildings; and suggested that staff consider reducing that time frame (e.g., 30 days).

Mr. Trudgeon clarified that Roseville Properties was in the process of getting quotes for demolition of the buildings; and that the City was only involved in demolition of properties impacting right-of-way needs and not involved with teardowns of any other buildings on those properties.

Klausing moved, Johnson seconded, to direct staff to work with the property owners, Roseville Properties; and to report back to the City Council within 30 days as to their progress related to code enforcement issues.

City Attorney Anderson distributed hazardous building statutes for all Councilmembers for their review for future discussions.

Mr. Trudgeon advised that staff and the reporting period would serve to reinforce the urgency of this matter to the property owners.

Roll Call

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

Nays: None.

12.             f.          Approve 2009 Budget Adjustments and Consider new Revenue Sources

City Manager Malinen summarized the Request for  Council Action dated May 18, 2009 regarding staff-recommended adjustments to the 2009 Budget, based on reduced Market Value Homestead Credits (MVHC).  City Manager Malinen also noted that staff had provided a variety of potential alternative revenue sources for Council review and potential action, specifically for the 2010 Budget.

Councilmember Roe concurred with staff's recommendations for 2009 as presented.  Councilmember Roe spoke in support of this staff-generated analysis and recommendation by department; opining that they were best able to provide recommendations that would have the least impact to Roseville residents.  Councilmember Roe spoke in support of the City Council?s critical consideration of weaning the City from operating government functions from these types of funds.

Roe moved, Johnson seconded, approval of staff?s recommendations for 2009 Budget reductions, as presented in the Request for Council Action dated May 18, 2009.

Roll Call

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

Nays: None.

Councilmember Pust opined that the City Council needed to seriously consider the City's commercial police patrol, and the need to look into the service provided for the City's retail community.  Councilmember Pust noted that she had recently spent time with the City's Prosecuting Attorneys, and came away amazed at a random day of cases dealt with on retail thefts.

g.                 Adopt a Resolution Authorizing the City Manager to Execute Certain Grant Applications on behalf of the City and Requiring the City Manager to report Grant Applications to the City Council

City Manager Malinen briefly reviewed the Request for Council Action dated May 18, 2009; noting Councilmember Roe's assistance in drafting the proposed resolution.

Klausing moved, Roe seconded, adoption of Resolution No. 10711 entitled, "Resolution Authorizing the City Manager to Execute Certain Grant Applications on behalf of the City of Roseville;" and require that the City Manager report any applications to the City Council.

Councilmember Roe advised that he had attempted to capture a variety of potential situations that could occur within a limited time frame that may require staff to act quickly and without opportunity to receive City Council authorization.  However, Councilmember Roe noted that the resolution provided qualifications related to matching funds, and providing ongoing reports to the City Council.

Councilmember Ihlan noted that there was no policy addressing when City Council authorization is required, with the resolution only addressing when it is not required.

Councilmember Roe noted that the City had no policy in place requiring City Council approval for grant applications, and that usually it was only brought forward as a requirement of the granting authority for City Council authorization.  Councilmember Roe suggested that a future discussion could provide specific scenarios for the City Council to address, and potential policy development.

Roll Call

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

Nays: None.

h.                 Business Items - Presentations/Discussions

a.                 Discuss Recovery of Environmental Clean-up Costs at Twin Lakes

Community Development Director Patrick Trudgeon provided information, as detailed in the Request for Council Action dated May 1, 2009, related to recovery of environmental clean-up costs at Twin Lakes.  Mr. Trudgeon provided a memorandum previously prepared by Larry Espel of Greene Espel Law Firm, dated December 17, 2007, and discussing laws regarding environmental cost recovery, procedures, and estimate on costs to implement such a process.

Discussion included whether a Request for Qualifications (RFQ) or Request for Proposals (RFP) was indicated; threshold for services under $50,000 not requiring an RFP; law firms specializing in this type of environmental law and a short list of those firms; whether upfront costs were tax increment financing (TIF) eligible expenses; and actual and practical steps in the process.

Further discussion included determining what the prospects of recovery may be prior to initiating recovery procedures; and staff researching previous firms and information related to this environmental issue, to present to the City Council again for their review and discussion.

City Manager Malinen advised that the Greene Espel firm had been engaged by the City in defense of the Northwestern College environmental litigation; and had provided this information at the request of staff prior to seeking RFQ's or RFP's.  City Manager Malinen suggested there may be other firms specializing in this type of law, whose names could be provided by the League of Minnesota Cities Insurance Trust (LMCIT).

Councilmembers concurred that staff provide previously-researched materials to the City Council prior to proceeding or seeking additional firms.

14.             City Manager Future Agenda Review

City Manager Malinen provided a projected agenda items for future meeting.

15.      Councilmember-Initiated Items for Future Meetings

Councilmember Ihlan requested that staff note further discussion on the Roseville Properties maintenance issues scheduled to return on the June 15, 2009 agenda.

16.      Adjourn

          The meeting was adjourned at approximately 10:08 pm.