City
Council Meeting Minutes
October 242 2012
1. Roll Call
Mayor Roe called to order the
Roseville City Council regular meeting at approximately 6:00 p.m. and welcomed everyone. (Voting and Seating Order: Willmus; Johnson; Pust; McGehee; and Roe).
City Attorney Mark Gaughan was also present.
2. Approve Agenda
McGehee moved, Johnson seconded, approval
of the agenda as presented.
Roll Call
Ayes: Willmus; Johnson; Pust; McGehee; and
Roe.
Nays: None.
3. Public Comment
Mayor Roe called for public comment
by members of the audience on any non-agenda items. No one appeared to speak
at this time.
4.
Council Communications, Reports, Announcements and Housing and
Redevelopment Authority (HRA) Report
Mayor Roe welcomed Boy Scout Troop
150 from Prince of Peace Lutheran Church in Roseville, present to learn about
local government.
Mayor Roe announced the upcoming
Municipal General Election on Tuesday, November 6, 2012 to select two (2)
Councilmembers for respective four (4) year terms.
Councilmember Willmus noted a
series of planning meetings being held by the Roseville Area School District
No. 623 focusing on their property at the former Owasso School site; being held
at the District Service Center, beginning Monday, October 29, 2012 at 6:30 p.m.
Councilmember Willmus referenced a
recent Roseville City News newsletter article entitled “Understanding
Cash Reserves.” Councilmember Willmus noted that, at the conclusion of the
article, it stated that the City Council “believes it is in the City’s
long-term best interest to keep cash reserves at their current level.” Councilmember
Willmus noted that, since no formal action had yet been taken and a determination
remained pending, that statement was misleading until budget discussions had
come to an end; and therefore wanted to clarify that statement.
Regarding the upcoming General
Election, Councilmember McGehee noted that historically, a longer time for in-person
absentee voting prior to the election had been available; however, she noted
that this year provided only one (1) week.
As some confusion ensued regarding
the actual time clarified for Absentee Ballot voting in person, Mayor Roe asked
that City Manager Malinen seek confirmation on the time available for residents
to vote by Absentee Ballot at City Hall.
Councilmember Pust clarified that
opportunities remained available for Absentee Voting at Ramsey County (90 Plato
Avenue in Downtown St. Paul); as well as by mail as time allowed.
Councilmember Johnson noted that he
had been reminded by an Election Official when voting at the Primary Election
to alert the public of the availability for curbside voting for those needing
assistance and unable to access their poll. Councilmember Johnson advised that
election judges would bring a ballot to your car, and that this service was
available in all ten (10) of the City’s precincts.
5. Recognitions,
Donations, Communications
a. Proclaim November American Indian
Month
Mayor Roe read a proclamation
observing November 2012 as National American Indian Heritage Month.
Willmus moved, Johnson seconded,
proclaiming November 2012 as National American Indian Heritage Month in
Roseville, urging all citizens to join in appreciation for our rich and diverse
community.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
6. Approve Minutes
Comments and corrections to
draft minutes had been submitted by the City Council prior to tonight’s meeting
and those revisions were incorporated into the draft presented in the Council
packet.
a.
Approve Minutes of October 15, 2012 Meeting
McGehee moved, Johnson seconded,
approval of the minutes of the October 15, 2012 meeting as presented.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
7.
Approve Consent Agenda
There were no additional changes to
the Consent Agenda than those previously noted. At the request of Mayor Roe, City
Manager Malinen briefly reviewed those items being considered under the Consent
Agenda.
a.
Approve Payments
Johnson moved, Willmus seconded,
approval of the following claims and payments as presented.
ACH Payments
|
$83,513.98
|
67944 – 67989
|
49,950.66
|
Total
|
$133,464.64
|
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
b.
Approve Business & Other Licenses & Permits
Johnson moved, Willmus seconded, approval
of license applications for the following applicants:
Applicant/Location
|
Type of
License
|
Personal Fitness Systems, Inc.
1935 W County Road B-2
|
Massage Therapy
Establishment
|
Keith Gosline at Personal Fitness Systems, Inc.
1935 W. County Road B-2
|
Massage Therapist
|
Aspen Waste Systems, Inc.; 2951 Weeks Avenue SE
Minneapolis, MN
|
Solid Waste Hauler
|
Aspen Waste Systems, Inc.; 2951 Weeks Avenue SE
Minneapolis, MN
|
Recycling Hauler
|
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
c.
Receive Imagine Roseville 2025 Update
Johnson moved, Willmus seconded,
receipt of the quarterly update of the Imagine Roseville 2025 Medium and
Long Term Goals.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
d.
Receive Shared Services Report
Johnson moved, Willmus seconded, receipt
of the quarterly Shared Services update.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
e.
Receive Grant Application Report
Councilmember McGehee noted the
addition of another officer with this grant application, and questioned if such
an officer had been approved yet or not; and questioned if that officer was
part of the agreement with Wal-Mart for a commercial patrol officer and
implications to the agreement if the grant was awarded.
City Manager Malinen advised that
an additional officer had not been approved yet, and to his knowledge was not
intended for designation as a commercial patrol officer; noting that any hire
would be subject to award of the grant and subsequent approval by the City
Council for a new hire and acceptance of a grant award.
Johnson moved, Willmus seconded, receipt
of the City Grant Application Quarterly update.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
f.
Authorize an Agreement with Mr. Stanley Jackson for Operation of
the Concession Stands at the Roseville Skating Center
Recognizing that there were only
two (2) proposers for this service, Councilmember Pust questioned how broad the
Request for Proposals (RFP) process had been.
City Manager Malinen advised that the pool of potential service providers was
quite small, and assured Councilmembers that staff had sought sufficient applicants.
Johnson moved, Willmus seconded, approval
a Concession Agreement between the City of Roseville and Stanley Jackson
(Attachment A) for the operation of concession stands at the Roseville Skating
Center at a lease rate of $12,000 annually as detailed in the outlined scope;
and authorizing the Mayor and City Manager to execute the document, pending
final review and approval by the City Attorney.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
g.
Request by Property Owner, HarMar, Inc. with Semper Development
for Approval of a Parcel Recombination Minor Subdivision at 2700-2730 Lincoln
Drive and a Drive-Through Facility as a Conditional Use at 2700 Lincoln Drive
Johnson moved, Willmus seconded, approval
of a RECOMBINATION MINOR SUBDIVISION of 2700-2730 Lincoln Drive; based on the
comments and findings of Sections 4-5 and 7, and the recommendation of Section
8 of the Request for Council Action (RCA) dated October 22, 2012.
Roll Call
Ayes: Willmus; Johnson;
Pust; McGehee; and Roe.
Nays: None.
Johnson moved, Willmus seconded, adoption
of Resolution No. 11019 (Attachment F) entitled “A Resolution Approving a
Drive-Through Facility as a Conditional Use at 2700 Lincoln Drive (PF12-018).”
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
h.
Appoint Youth Commissioner to Human Rights Commission
Johnson moved, Willmus seconded, appointment
of Julia Laden to serve as a youth representative on the Human Rights Commission
until July 31, 2013.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
i.
Award Contract for Engineering Services for the Construction of
Twin Lakes Second Addition Public Improvements
Johnson moved, Willmus seconded, approval
of a Payment of Costs Agreement (Attachment A) between the City of Roseville
and Wal-Mart Stores, Inc. for the Twin Lakes Second Addition Public
Improvements.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
Johnson moved, Willmus seconded, award
of an Engineering Services Contract (Attachment B) between the City of
Roseville and the firm of Bolton and Menk, Inc. in an amount not to exceed
$40,590.00 for engineering services for Twin lakes Second Addition Public
Improvements.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
j.
Receive Third Quarter Financial Report
Councilmember Pust noted on page 2
of 3 in under the category key, the table comments (second bullet point)
listed “% norm” and since she was unable to find that column, questioned if
that column title had been revised to “percent expect.”
Mayor Roe confirmed this new
column title.
As some of the percentages
appeared higher than expected at this time in the budget cycle, Councilmember
Pust questioned if overall those line items were coming in higher, or simply
represented a fluctuation within the year.
City Manager Malinen advised that
he would seek clarification from Finance Director Miller as to whether it was a
timing issue versus end-of-year projections.
Councilmember Pust sought
clarification as well as to whether the City was realizing higher revenues than
anticipated, or if again, this was due to a snapshot in time and would adjust
by year-end.
Councilmember Willmus asked that
staff’s response and clarification be included as an item brought back before
the City Council at their next budget discussion scheduled for November 19,
2012, for further discussion.
Mayor Roe concurred that this data
be included in the budget items continually updated by staff in their budget
information.
Johnson moved, Willmus seconded, receipt
of the Third Quarter 2012 Financial Report.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
8.
Consider Items Removed from Consent
12.
General Ordinances for Adoption
a.
Adopt an Ordinance to Amend the Zoning Code to Add Limited Processing
and Production to the Regional Business District’s Permitted Uses
City Planner Thomas Paschke summarized
requested text amendments recommended by staff, allowing limited production and
processing within the Regional Business (RB) District as a permitted use; as
detailed in the Request for Council Action (RCA) dated October 22, 2012. Mr.
Paschke noted that this text amendment was prompted by staff’s ongoing monitoring
of the practical application of the updated Comprehensive Plan and Zoning Code.
Mr. Paschke highlighted the
definition, currently defined in City Code, for “Limited Production/Processing
(lines 51-56 of the RCA).
At the request of Councilmember
Pust, Mr. Paschke advised that this use was currently allowed in Office
Business Park (OBP) and Industrial (I) zoning districts, as detailed in Attachment
A to the report.
Councilmember Pust questioned the
original rationale as to why this use was allowed in some zones, but not in
others, and why a determination wasn’t found at that time to identify
non-conformities to consider the vision for a particular zoning district.
Councilmember Pust opined that, if the Comprehensive Plan was to serve as an
overall guide of the City’s vision and the goal of where it wanted to move in
the future, could memorializing this text amendment serve to move away from
that guidance and back away from the overall plan to move particular uses to
particular areas.
Mr. Paschke stated that this was
not an accurate depiction from staff’s perspective.
Councilmember Pust further opined
that she was surprised to see these proposed text amendments come forward
before a recommendation to amend the text based on recent discussions with the
Wal-Mart development use, since that had created so much discussion as far as a
regulated use, causing preference by many to correct an apparent disparity from
the perspective of many in the community. Councilmember Pust questioned how
these recommended text amendments had risen above that other issue.
Mayor Roe refocused the discussion
on the requested action currently before the City Council.
Councilmember Willmus expressed
his potential opposition to allowing light manufacturing in the Rosedale area.
Mr. Paschke advised that he didn’t
see that as a result of the requested action; noting that there were other uses
currently in the zoning code where manufacturing wouldn’t be appropriate at a
number of sites.
Councilmember Willmus recognized
the historical use of some of those sites, and took into account Councilmember
Pust’s comments regarding a community process undertaken to change or re-guide
properties. Councilmember Willmus stated that he would be open to looking at
some sort of change or addition, but wasn’t sure he wanted to bring retail uses
into the mix in this fashion.
At the request of Mayor Roe for
clarification regarding “retail mixes,” Councilmember Willmus advised that he
wasn’t sure that Regional Business centers, as they currently exited, should be
open to light manufacturing uses.
Councilmember Pust noted that, by
not taking the requested action, it didn’t preclude existing, non-conforming
uses from continuing.
Mr. Paschke clarified that this
created a problem within the overall umbrella of non-conformities or uses.
Councilmember McGehee concurred
with the comments expressed by Councilmembers Pust and Willmus; as well as stated
a further personal issue with attempting to match the Comprehensive Plan to the
Zoning Code versus the way it was supposed to occur, with the Zoning Code
brought into alignment with the Comprehensive Plan. Councilmember McGehee
opined that such an action would change underlying zoning from the current situation,
and further opined that the City got into trouble every time they attempted to
do something like that. Councilmember McGehee noted that the City Council had
been told that this type of vague terminology created trouble; and when staff
was drafting proposed changes, they needed to be mindful of that. Councilmember
McGehee opined that she saw no reason to grant this request; noting the recent
Wal-Mart development as an example of problems with wording. Councilmember McGehee
further noted an ongoing issue with trailers and other items parked in residential
yards, yet never brought forward by staff for resolution.
Mr. Paschke reiterated that this
was an existing definition within the current zoning code; and clarified that
staff’s goal was to apply that definition to the Regional Business zoning
district.
Councilmember Johnson questioned
if this situation was requested due to a potential business coming into this
area, where the use would not be allowed as it hadn’t been grandfathered in as
an existing, non-conforming use; to which Mr. Paschke responded in the
negative.
Mayor Roe emphasized that existing
businesses, that were non-conforming uses, could continue; however, noted that
they were limited as to the amount of change or growth they could achieve based
on the footprint of their existing building.
Mr. Paschke concurred that they
were limited in how they could expand their building and/or uses within the
building; noting that it became a huge issue for those current owners seeking
to reinvest in existing buildings.
Councilmember Pust suggested
moving forward on a case by case basis; to which Mr. Paschke noted that this
would not be an option, since the City could not grant variances for a use, and
it would therefore make it difficult to consider requests on a case by case
basis.
Councilmember Pust suggested that,
since an actual application was not currently before the City Council on which
to base their discussion and consider a specific example, any action be deferred
until a better context was available in which to frame this discussion and
decision-making.
Councilmember Willmus advised
that, going forward, he was not opposed to looking at refinements as
recommended by staff; however, he suggested looking at this in a broader view
and revisiting what the City hoped to achieve and other things identified in
the Comprehensive Plan guidance and Zoning Code practical application that may
need revisiting all at once. Councilmember Willmus advised that he also had
concerns with the Community Mixed use as currently worded; opining that he was
unsure if staff was applying that use in the intended direction. While not
wanting to totally deny this request, Councilmember Willmus advised that this
request did not work for him as presented.
Councilmember McGehee suggested
that a business seeking to expand their use come before the City Council
requesting a Conditional Use; to which Mr. Paschke advised that this was not an
option as it was restricted not only by City Code, but by State Law.
At the request of Councilmember
Pust, Mr. Paschke noted that there was not critical time issues on this
request, as no applications were currently pending.
Pust moved, Johnson seconded, TABLING
this item to a date uncertain for further discussion.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
Staff
duly noted Mayor Roe’s request that, when the item appeared before the Council
in the future, a copy of the Comprehensive Plan description of Regional
Business, and that the Zoning Code Charts outlining uses be included as part of
the agenda packet at that time.
b.
Adopt an Ordinance Creating a Zoning Code Definition for Limited
Warehousing and Distribution
Based on the previous discussion, Pust
moved, McGehee seconded, TABLING this item to a date uncertain for further discussion.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
13.
Presentations
14.
Public Hearings
a.
Consider Currency Exchange License Renewal for 2013: Pawn America
Minnesota, LLC
Mr. Paschke advised
that, as a part of the process for license renewal by a currency exchange,
under MN Statutes, Chapter 53A.04 requires that the Department of Commerce
submit the application to the municipal governing body in which the entity
conducts business for that municipality to conduct a Public Hearing and render
a decision regarding renewal within sixty (60) days. Mr. Paschke noted that
the process and additional information was detailed in the RCA dated October
22, 2012.
Mr. Paschke
advised that staff was recommending renewal, based on their analysis, and
recognizing that no concerns or issues had been raised with this operation over
the last year.
Mayor
Roe opened and closed the Public Hearing at approximately 6:40 p.m.;
with
no one appearing for or against
15.
Business Items (Action Items)
a.
Currency Exchange License Renewal for 2013: Pawn America Minnesota,
LLC
Johnson
moved, McGehee seconded, approval of the requests by Pawn America Minnesota,
LLC, 1715 N Rice Street, Roseville, MN, to renew their licenses to operate
currency exchange businesses in Roseville for the 1013 calendar year.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
b.
Award Sale of Bonds
Bench
handouts, consisting of a revised Resolution, along with the Sale Document were
provided for the record, based on the bid opening held earlier today.
Finance Director Chris Miller advised
that six (6) compliant bids had been received, with the lowest bid that of
Piper Jaffray & Co. Mr. Miller noted that, while the purchase price
exceeded $17 million, this was due to bidders, in the current bid environment
bidding out at premium, indicating that they were willing to pay more money
upfront in exchange for being able to charge higher coupon rates to bond
buyers. Mr. Miller advised that this had no net effect to the City; and that
the low bid was at a true interest rate of 2.072%, with a reduced General Obligation
bond issue as indicated at $15,685,000; with the difference made up in premium
paid to the City upfront at closing, and was in the best interest of the City
from an underwriter’s perspective.
Springsted Representative Doug
Green, the City’s Financial Advisor, was present on behalf of Ms. Terrri
Heaton, who had a scheduling conflict tonight. Mr. Green advised that the City
had actually received eight (8) total bids, but two (2) were non-conforming
based on premium bids. When setting the sale originally, Mr. Green advised
that they had estimated an interest rate of 2.19%; and expressed enthusiasm
that the actual interest rate of the low bidder had been received slightly
under that rate, based on daily market changes, coming out in the City’s better
interest in this instance. While a number of firms had combined their bid, Mr.
Green noted that the City had actually received interest from thirty (30)
underwriting firms, indicating that this was a good reception. Mr. Green advised
that the main reason for this large demand was due to the preferred Triple A
rating held by the City of Roseville that was very enticing in today’s market.
In response to Mayor Roe’s
question regarding the terms of the premium, Mr. Miller confirmed that the City
would receive additional cash at the closing, reducing the total interest paid
by the City, reducing the annual principal.
Mayor Roe asked that Mr. Miller
include this information for the City Council’s next budget discussion.
Mr. Miller clarified that this
would have minimal impact for the 2013 budget, but may have a nominal impact in
the 2014 budget, noting that previous Council action had split the impact of
the bond issue over two (2) years, and the bonds had been structured
accordingly. While allowing for some flexibility for the City Council, Mr.
Miller noted that the savings would be built into the overall issue over a
fifteen (15) year period.
At the request of Councilmember McGehee,
Mr. Miller confirmed that the original $10 million bond issue had received an
interest rate of 2.15%, but due to extenuating circumstances and delays, had
been finalized at 2.43%.
Johnson
moved, Pust seconded, adoption of Resolution No. 11020 entitled “Resolution
Providing for the Issuance and Sale of $15,685,000 General Obligation
Bonds, Series 2012A and Levying a Tax for the Payment Thereof;” noting
that subsequent to bid opening, the issue size decreased from $17,000,000 to
$15,685,000 as amended in the draft resolution.
Mayor Roe reiterated that the
City’s credit rating with agencies was the highest possible, at Triple A,
allowing it to realize significant interest savings. Mayor Roe noted that the
comments outlined in the letter from Springsted regarding this credit rating
and the impression of rating agencies, provided evidence that the decisions
being made by the City Council as stewards of the public’s money were
definitely paying off.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
c.
Consider Temporary Amendment to the City’s Investment Policy with
Regard to Investing Bond Proceeds
As detailed in the RCA dated
October 22, 2012, Finance Director Miller reviewed the City’s current
Investment Policy directing investment of available funds in accordance with
the City’s cash flow needs and MN State Statute.
Mr. Miller noted that the current
policy required all investments placed with financial institutions to carry a
minimum credit rating of Double A, the second highest credit level classified
by national rating agencies. However, in reaction to the economic downturn and
high-profile failures across a number of industries, Mr. Miller noted that
credit rating agencies had made wholesale changes to their ratings system, and
as a result, many prominent national institutions had their credit ratings
dropped from Triple A or Double A to Single A, even though their underlying
financial results had not changed. Some of those large institutions receiving
the credit rating downgrade included JP Chase Morgan, Wells Fargo, U. S. Bank,
Citigroup, and Morgan Stanley. Mr. Miller noted that the institutions were
still regarding as high quality and financially strong; while there remained
very few Double A or higher rated institutions in today’s financial industry.
As further detailed in the RCA,
Mr. Miller suggested a temporary modification to the City’s Investment
Policy, based on today’s financial climate, allowing for greater investment earnings
specific to this bond issue and the 2011 issue, to be placed with
institutions that have a rating of Single A or better and include collateral
pledged by national or state chartered financial institutions. Mr. Miller
advised that the proposed temporary provisions to the Investment Policy is included
as part of the RCA (Attachment A) as recommended by staff.
Finance Director Miller opined
that these remained safe vehicles for the City, while allowing it the best
opportunity for a short-term investment, rather than through a typical money
market account and providing comparable, significant savings over the next
three (3) years. Mr. Miller noted that there were currently no national banks
in the repurchase market, with more interest from foreign banks, even though
those banks retained a presence in the United States, their parent company may
be located overseas. Mr. Miller reiterated that he was making this
recommendation on a temporary basis only; and specific to these last two (2)
bond issues. For long-term investments, Mr. Miller advised that he continued
to recommend the current policy. In either case, Mr. Miller clarified that collateral
security for any of the investments would remain in place.
At the request of Councilmember Willmus,
Mr. Miller clarified that the interest rate would be less than ¼ percent, and a
temporary step for the bond proceeds intended to construction purposes, and was
intended for no more than 3-4 years in duration; with anticipated interest
earnings estimated to be in the $40,000 to $45,000 range.
At the request of Councilmember
Pust, Mr. Miller advised that when the City adopted its current Investment
Policy, it was enacted based on national professional associations and
financial institution ratings and the financial industry and economic conditions
at that time. Mr. Miller confirmed that the Policy was based on a number of
national professional associations; and clarified that all the “big players”
nationally and in the state were no longer rated with Double A’s status; with
the Triple A rating no longer used as a benchmarks. However, Mr. Miller
advised that the City still used this standard for its regular investment
portfolio.
At the request of Councilmember Pust,
Mr. Miller advised that this was the “new normal;” and based on the global
financial market, with each municipality setting its own parameters. Mr.
Miller advised that, with the relaxed temporary measures, the City should
receive a number of bids, opining that the key was security of the City’s
investment based on collateral security, providing strength and confidence,
with the underwriting done in a United States held bank. Mr. Miller advised
that most American banks in the market are now foreign-based in European
countries with stronger economies.
At the request of Councilmember
McGehee, Mr. Miller advised that the City typically received bids on an
investment, with assistance from its financial advisors and market tests; and advised
that consideration would give given to splitting the investment or keeping it
intact, depending on the best comparable options available at that time, using
their expertise and best discretion.
In response to Councilmember
McGehee’s concern regarding diversification of the investment, Mayor Roe noted
that the City’s financial experts would also be looking at the timeframe for
accessing funds for construction purposes as part of that overall picture.
Mr. Miller concurred, advising
that cash flow and draw down for proceeds would be based on the projected
construction schedule, as well as from an institutional investor perspective;
with all of those considerations laid out prior to the actual investment.
Councilmember Johnson, recognizing
the complexity of the investment strategy, stated that he would prefer
personally to see investments stay within the United States. However,
Councilmember Johnson also recognized the practicalities, and staff’s
recommendation; and while his personal philosophy may differ, Councilmember
Johnson deferred to the expertise and judgment of Mr. Miller for the best
interest for the City’s investment.
Mr. Miller noted that he shared
that same sentiment as expressed by Councilmember Johnson; however, he
recognized the dynamic changes in the global economy over the last 4-5 years,
and again stressed the temporary nature of this requested action. Mr. Miller
stated that he hoped to see credit agency adjustments and increased agency
ratings again in the near future.
Johnson
moved, McGehee seconded, adoption of Resolution No. 11021, entitled,
“Resolution Adopting Financial and Budget Policies for the City of Roseville;”
approving the revised Investment Policy as detailed in the RCA dated October
22, 2012.
At the
request of Councilmember McGehee, Mr. Miller clarified that this action would
direct staff to proceed, and they would not be returning to the City Council
for subsequent action for approval, based on the need for a fluid and dynamic
bid process. Mr. Miller assured Councilmembers that staff would stay within
the approved outlined framework.
Councilmember
Willmus advised that, based on his previous comments, he would be voting in
opposition to the motion; and while concurring with Councilmember Johnson’s
comments regarding deferring to staff’s expertise, from his personal perspective,
the risk outweighed any gain, if projected at less than ¼%.
Councilmember
Pust clarified that, while this proposed temporary change allowed staff to go
outside the United States, it also didn’t preclude them from staying within the
United States.
Mr.
Miller concurred, however, he anticipated that the best bids would come from
outside the United States, as that market continued to provide the best rates
at this time.
Councilmember
Pust advised that she shared similar concerns to those raised by Councilmembers
Willmus and Johnson; however, she also recognized the need to make the best use
of the public’s money in this current financial market.
At the
request of City Manager Malinen, Mr. Miller confirmed that for regular
investments, typically on a bid basis, the City’s investment parameters were
provided to several brokers; and that staff would use its best discretion in
seeking the best rate, and would be willing to sacrifice a small yield to continue
banking in the United States.
Councilmember
Pust advised that this provided a comfort level for her in supporting this
motion.
Roll Call
Ayes: Johnson;
Pust; McGehee; and Roe.
Nays: Willmus.
Motion carried.
d.
Appoint Commissioner to Human Rights Commission
Pust
moved, Johnson seconded, appointment of Scot Becker to the Human Rights
Commission to serve a vacated term ending March 31, 2013.
Councilmembers
Johnson and McGehee thanked all applicants for considering service to the City,
noted the outstanding pool of candidates for this one (1) vacancy, and
encouraged them to find other ways to get involved.
At the
request of Councilmember McGehee, Mayor Roe noted that the December 3, 2012
agenda included an opportunity for Councilmembers to approve the process for
the next round of Commission vacancies; and advised that this would be the appropriate
time for individual Councilmembers to make suggestions for revising policy
language for the City Council Policy and process for appointments to its
advisory commissions.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
e.
Rainbow Foods Liquor Store Alcohol Compliance Failure
Police Lt. Lorne Rosand summarized
the process for the second of the semi-annual alcohol compliance checks for
Roseville on and off-sale licensees, as detailed in the RCA dated October 22,
2012. Lt. Rosand reviewed the compliance process, displayed a sample of the
under-age checker identification (driver’s license); and the annual notice
provided to license holders from Police Chief Mathwig, dated March 26, 2012,
and provided to all licensees regarding the two (2) random checks during the
year, as well as their need to make server training records available to the
Police Department as requested, and how to obtain training information online
or by mail from the City Police Department.
Lt. Rosand provided specific
information regarding the compliance failure on August 31, 2012, of the Rainbow
Foods Liquor Store, located at 1201 Larpenteur Avenue; and subsequent findings
specific to that compliance failure as outlined in the RCA.
Lt. Rosand recommended that the
Police Department be authorized to issue and administer the presumptive penalty
as set forth in Section 302.15 of Roseville C city Code, and also consider
further penalty of an additional presumptive penalty for failing to provide
current Manager and Server training. Lt. Rosand used the previous City Council
action for the Smash Burger Restaurant as an example of a situation and
additional fine applied for a similar infraction.
Discussion included how frequently
the online training was updated by the Department for use by license holders;
pending work by the Department to accept Sure Sell as an authorized training
provider for license holders; and Lt. Rosand’s clarification that the Sure Sell
website clearly identified the City of Plymouth, not the City of Roseville, as
currently having an agreement for training, and recognizing that both
municipalities may have different ordinances that applied to alcohol licensing
within their jurisdictions.
Lt. Rosand reviewed the specific
status of the nine (9) training certificates held by Rainbow employees at this
site, with two (2) current from Sure Sell, three (3) having been found to be
expired beyond the one (1) year training requirements of Roseville, and three
(3) completed post-violation (Attachment A to the Police Report.
Lt. Rosand advised that he had
spoken earlier today to the Rainbow Manager, Susan Quinn, who was ill and
unable to attend tonight’s meeting; and read for the record her written
comments that she had provided to him in lieu of her attendance, and intent for
future training.
Pust moved, McGehee seconded, authorizing
the Police Department to issue and administer the presumptive penalty to
Rainbow Foods Liquor Store at 1201 Larpenteur Avenue, of a $1,000 fine and zero
(0) day suspension for sale of alcohol to an underage person.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
Pust
moved, Willmus seconded, authorizing the Police Department to impose an additional
$1,000 fine to Rainbow Foods Liquor Store for failure to comply with manager/server
training requirements as applicable.
Councilmember
Johnson advised that is he had observed from Rainbow’s employee roster that
they had attempted training compliance he may have spoken to granting more leniencies.
However, since less than 50% of the staff had received training, and then some
only post violation, Councilmember Johnson advised that he would support the
motion as proposed.
Councilmember
McGehee concurred with Councilmember Johnson’s comments, opining that training compliance
after the fact was not appropriate.
Councilmember
Pust noted the frequency that the City Council discussed training and
compliance, and expressed her failure to understand how and why people did not
read the notice and ordinance information provided to them by the City, as a responsibility
of their licenses. Councilmember Pust opined that the City continued to be
consistent in keeping them up-to-date; and asked that the Police Department
consider other avenues to communicate and emphasize this to license holders.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
f.
Love from Minnesota Alcohol Compliance Failure
Lt. Rosand provided specifics
related to compliance failure at Love From Minnesota, located at 2465 Fairview
Avenue; as detailed in the in the RCA dated October 22, 2012
There was no representative
present from Love From Minnesota at tonight’s meeting.
Pust moved, McGehee seconded,
allowing the Roseville Police Department to issue and administer the
presumptive penalty as set forth in Section 302.15 of the Roseville City Code; imposing
an administrative presumptive penalty in the amount of $1,000 and a zero (0) day
suspension for sale to underage person.
Councilmember Johnson opined that,
while it was unfortunate that this had to happen, he gave management high kudos
for their safety training; further opining that it was refreshing to see that
happening.
Mayor Roe concurred, noting that
it was unfortunate that there had still been a violation in spite of that
training.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
g.
Cedarholm Golf Course Alcohol Compliance Failure
Mayor Roe noted that this golf
course was operated by the City of Roseville as the alcohol license holder.
Lt. Rosand provided specifics
related to compliance failure at Cedarholm Golf Course, located at 2323 N
Hamline Avenue; as detailed in the in the RCA dated October 22, 2012
City Attorney Mark Gaughan advised,
prior to the City Council’s discussion, that since this involves a City
employee, the City Council should limit their discussion to the golf course
itself, not its employees, under the MN Government Data Privacy Act, noting
that any employee disciplinary action was considered protected information and
could only be discussed in Closed Executive Session.
At the request of Mayor Roe, Parks
and Recreation Department Director Lonnie Brokke came forward as a representative
of Cedarholm Golf Course.
Lonnie Brokke
On behalf of staff, Mr. Brokke
sincerely apologized to the community and the City Council for this serious
offense; and advised that the responsible employee had been dealt with for this
lapse in judgment. Mr. Brokke noted that, while often being made aware that
this training is required, Cedarholm had failed to use city-approved training
in the past. However, as a result of this infraction, Mr. Brokke admitted that
it had been recognized that the training program currently used was in need of
improvement, and during that review process, changes had been made.
Mr. Brokke noted that, at present,
all staff at Cedarholm was approved at this seasonal operation, and had been
trained immediately following this serious infraction, using the city-approved
training program. Mr. Brokke assured the community and City Council that
training records would be kept current in the future, noting that this was the
first failure of which he was aware in his twenty-three (23) year tenure with
the City. Mr. Brokke stated that he felt sick about this situation and was
taking all possible steps to make sure it did not happen again. In addition
to using the city-approved training program, Mr. Brokke advised that overall
training would be provided for all staff at the Golf Course, and even though
the Club House Manager was a seasonal, part-time employee, he was placing all
staff on call as a reminder for future training. Mr. Brokke advised that, in
addition, he had directed that the Police Department send out their annual
letter to his attention at City Hall to ensure appropriate follow-up from that
administrative level as a clearing house for that information, rather than
having notice sent to the Golf Course address.
Mr. Brokke advised that additional
on-site signage and alcohol compliance reminders for servers and the public
would also be improved; with a staff meeting scheduled, and training documentation
on file for managers at the beginning of each season.
Mr. Brokke recognized and
expressed appreciation to the Police Department for their efforts and concurred
with their findings; and expressed appreciation to Lt. Rosand for his guidance
for future improvement.
Mr. Brokke again asked that the
community and City Council accept his and his department’s sincere apologies
for this infraction; and expressed his willingness to accept whatever penalty
the City Council deemed appropriate for this serious infraction.
Councilmember Pust thanked Mr.
Brokke for his sincere apology; and sought clarification if Mr. Brokke meant
that this was the first time during his tenure that Cedarholm Golf Course
employees had not been trained or the first time found in non-compliance
related to that training.
Mr. Brokke clarified that this was
the first time their training had been found non-compliant.
Councilmember Pust questioned why
the Golf Course had not gone through the city-approved training.
Mr. Brokke advised that he should
have been aware of the city-approved training; however, he had not become
personally involved in that until after this infraction; although he admitted
that, in hindsight, he should have personally been cognizant of the official
training program and signature page for confirmation. Mr. Brokke advised that,
since the Golf Course had a Superintendent and Club House Manager, notification
letters had previously been sent to the Golf Course; and suggested that there
may have been confusion resulting from a changeover in managers earlier this
year.
While not intending to be
disrespectful of Mr. Brokke and his staff, Councilmember Pust noted that this
excuse was similar to those heard from private ownership. However,
Councilmember Pust opined that it was mind-boggling to her that recipients
didn’t read things sent to them from the City; or hear the City Council’s
continued discussions of previous infractions and license holder requirements.
For the benefit of fellow Councilmembers, Councilmember Pust questioned how
penalizing Cedarholm with only a monetary fine, no matter what amount, would
penalize it rather than just the public, since it was all public money; and
questioned the right thing to do in this situation.
Councilmember McGehee thanked Mr.
Brokke for his apology and comments; and expressed appreciation for his thorough
and complete action list post-compliance failure. Councilmember McGehee opined
that this provided a good example of someone who sincerely thinks this is a
problem and was supportive of the City Council’s efforts to seek alcohol sale
compliance; and thanked Mr. Brokke for his attention to detail. Councilmember
McGehee recognized Councilmember Pust’s dilemma in how to address taking money
from one pocket to the next.
Councilmember Johnson echoed the
comments of his colleagues regarding Mr. Brokke’s sincerity; noting that this
was a very awkward and unfortunate for the City. Councilmember Johnson opined
that he saw no conflict in taking money from the Golf Course and transferring
it to the Police Department. Not simply just in an effort to penalize, but to
avoid being remiss in its duties as a City Council, Councilmember Johnson
further opining that City Officials and Department Directors needed to be held
accountable to a higher degree than private businesses. Councilmember Johnson
admitted that this had been a very difficult and big issue for him; and noted
that since it had been his idea originally to make training mandatory, he found
that for that training not to be recognized or applied by City staff, he found
it difficult to absorb. While understanding that things happened, and also
confident that it would never happen again, Councilmember Johnson, while
recognizing that it may seem cold and heartless, spoke in support of the full
penalty, as well as a narrative at the next renewal, why the City Council
should support license renewal for Cedarholm Golf Course.
Councilmember Pust clarified that
it was not her intent in previous remarks, to suggest that the Golf Course
should not be penalized, and her concurrence that the City should be held to a
higher standards; she questioned if holding itself to the same treatment as a
private business was appropriate. Councilmember Pust questioned the remaining
term for this season’s operations at the Golf Course.
Mr. Brokke responded that the
remaining operation would be weather-dependent; however, he estimated an
additional ten (10) days minimum remaining in this fall season.
Councilmember Pust suggested
considering suspension of alcohol sales for that remaining time; and that on
top of the fine applied in order to hold the City to that higher standard.
Councilmember Willmus recognized the
seriousness with which Mr. Brokke and his staff took this situation; and
expressed his appreciation for the steps taken by Mr. Brokke in accepting the
responsibility squarely on his shoulders as the Parks and Recreation director.
Councilmember Willmus expressed his confidence that Mr. Brokke would not allow
such a situation to occur again in the future. Councilmember Willmus concurred
in totality with Councilmember Pust, and the need for the City to send a
stronger message since this was a municipal public facility. Councilmember
Willmus agreed with Councilmember Pust’s suggestion for a $1,000 fine for sale
of alcohol to an underage person; and an additional $1,000 for lack of training
tools; as well as a suspension, at a minimum, for the rest of this season.
Councilmember Pust noted that,
given today’s date, and the current weather, the ten (10) days if not longer
would be an applicable suspension for the remainder of this season.
Pust moved, Willmus seconded, authorizing
the Roseville Police Department to issue and administer the $1,000 presumptive
penalty for sale to a minor as set forth in Section 302.15 of Roseville City
Code; to issue and administer an additional $1,000 penalty for failure to
comply with manager/server training requirements; and further to issue and
administer a ten (10) day suspension of the liquor license at Cedarholm Golf
Course; with the City waiving the ten (10) day grace period for appeal, with
suspension to commence immediately.
At the request of Mr. Brokke, City
Attorney Gaughan confirmed that the appeal period could be waived by the City
in this instance.
Roll Call
Ayes: Willmus;
Johnson; Pust; McGehee; and Roe.
Nays: None.
13. Business Items – Presentations / Discussions
a.
Discuss Redevelopment of the Hagen Property at 2785 Fairview Avenue
into Market-Rate Apartments and the Use of Twin Lakes TIF Funds to Assist in
the Project
Community
Development Director Patrick Trudgeon reviewed the status of the Hagen
property, located at 2785 Fairview Avenue as detailed in the RCA dated October
22, 2012. Mr. Trudgeon noted that this property currently consisted of a multi-tenant
trucking terminal; with the City having purchased approximately 2.05 acres of
the property in 2009 for future Twin Lakes’ right-of-way. Mr. Trudgeon noted
that the City had recently been approached by property and developer representatives
regarding potential redevelopment of the remaining 5.83 acres of this parcel
into 215 market-rate rental apartments.
Mr.
Trudgeon noted that this proposed development by Twin Lakes Apartments, LLC, as
proposed, would serve to promote a desirable mix of uses in Twin Lakes; provide
a housing style (market rate apartments) that is needed and desired; provide a
great entry point into Twin Lakes; provide for a significant reinvestment of
tens of millions of dollars into the property; and provide a positive revenue
stream into Tax Increment Financing (TIF) District 17. Mr. Trudgeon advised that
the project was proposed in three (3) phases, and proposed 1, 2, and 3 bedroom
units with high quality finishes and amenities. Mr. Trudgeon advised that a
significant cost of the development was due to design standards established by
the City for underground parking for tenants, as well as a proposed 4,500
square foot office/clubhouse; with preliminary renderings provided in
Attachment C to the RCA.
Mr.
Trudgeon summarized the developer’s estimated total project costs, their equity
and mortgage, with a remaining funding gap of approximately $2.3 million.
Mr.
Trudgeon advised that the City’s TIF Consultant from Springsted, Mikaela Huot,
was present at tonight’s meeting to review their detailed analysis of the
project and financing gap (Attachment E); and their determination that the project
would not be able to proceed without TIF assistance, therefore meeting the
required “but for” test for TIF financing.
Mr.
Trudgeon highlighted financial impacts and staff’s recommendation (lines 52 – 66)
of the RCA; and sought City Council direction as to whether staff should
proceed to negotiate a TIF Development Agreement with the developer for future
City Council review and approval.
At the request of Mayor Roe, Ms.
Huot reviewed their written analysis dated October 16, 2012, previously
identified as Attachment E to the RCA; and noted that part of their review included
an analysis of the project pro forma.
Councilmember
Pust questioned how Springsted ascertained that the development met the “but for”
test, since any development would prefer use of TIF funds, and if this was just
a different way of presenting numbers.
Ms.
Huot reviewed the process used in analyzing pro formas; and variables in their
analysis, based on the 2011 preliminary letter of financing, a contingency for
any request for financial assistance to address a funding gap. Without “pay as
you go” funding, and based on impacts to the project based on various assumptions,
Ms. Huot opined that the project could not go forward without increasing equity
and/or the first mortgage, or by decreasing the scope of the project itself.
Ms. Huot advised that if the first mortgage was increased, the debt service
would not be sufficient for any lending institution; and when determining the
actual amount, this was a significant determining factor in whether or not the
overall project was viable. Ms. Huot advised that, if the Council directed
moving forward, the first step would be to require the developer to provide an
updated letter of intent from a financial institution; clarifying that the
original letter was considered a preliminary financing letter, not a letter of
commitment, and contingent in part on the City agreeing to accommodate a
funding gap. Ms. Huot noted other variables included the loan to value ratio
and other factors that could limit a first mortgage.
Discussion
ensued regarding the $2.3 million funding gap and additional funding gap
required to be filled by the developer beyond TIF funds from the City;
construction costs and land acquisition as part of the overall picture versus operating
costs and future revenue stream impacting the overall performance of the
project; and updated numbers continuing to be provided by the developer as more
detailed assumptions are known; preference for City financial participation to
ensure a certain level of quality development; with the first phase anticipated
in 2013, and subsequent buildings proposed in the near future.
Brian
Solsrud Representatives of Development Team: Twin Lakes Apartments, LLC
Mr.
Solsrud advised that it was intended to phase the project over a three (3) year
period; with the overall project dependent on if and how the City would fund
the financial gap.
In
response to Councilmember Pust, Mr. Solsrud advised that, given the nature of
the site and unknown environmental issues in the Twin Lakes Redevelopment Area,
without public financing he didn’t know if the project would not become
impossible without TIF funding.
Councilmember Willmus, in general,
spoke in support of this beautiful project if the developer was spending its
own money to accomplish the project, as he had also addressed in July when the
City Council was first presented with the concept. However, if the developer
was looking to utilize TIF dollars, Councilmember Willmus advised that he
wasn’t sure if this was a project he could support, since he was looking for
projects that would provide for office uses or corporate headquarters; and in
turn provide high quality jobs; with which he would then be willing to provide
TIF assistance to get such a project developed.
Councilmember McGehee expressed
interest in the developer’s project, referencing an article in this past
weekend’s Star Tribune newspaper, and a similar project proposed in the
City of Golden Valley. Councilmember McGehee stated that she had contacted the
City of Golden Valley to determine the specific of that project proposed at 142
units on 2.7 acres of land, consisting of a five (5) story building offering
more amenities than this proposed development in Twin Lakes; and that project
not requesting any TIF assistance. Addressing another issue she had with TIF
funding, Councilmember McGehee concurred with comments of Councilmember Willmus
regarding the preferred use in the Twin Lakes Area; and her reluctance in this
instance to take taxpayer funds away from the County, School District and City
for a use as proposed for a significant period. Councilmember McGehee also
noted the need to be mindful that residents had already spent $10 million in
infrastructure improvements in the Twin Lakes area; and because of that, she
felt less inclined to offer TIF financing for this project, especially in
comparing it to similar projects in other suburbs as previously referenced.
Councilmember McGehee opined that this development did not provide the more
luxury rate apartments that she preferred; nor did it support the goals and
guidelines of the Comprehensive Plan for this area.
Following
up on Councilmember McGehee’s comments, City Manager Malinen expressed his
perspective that, rather than reducing the number of units proposed for the
project, perhaps increasing the quality of construction to a higher level, and
amenities for this market rate complex could make the project more palatable
for the City Council to consider TIF financing.
Mr.
Trudgeon responded that, obviously the higher quality, the higher cost per unit
basis. Mr. Trudgeon addressed several other considerations for this project,
and while not being familiar with the Golden Valley site, he noted that one driver
for this project was the requirement for underground parking, with that cost
alone representing $1.3 million of the project, and by eliminating that requirement
it would significantly reduce the cost and make the project work. However, Mr.
Trudgeon advised that this would not be in line with the design standards
established by the City for this area in attempting to make the area more
walkable and avoid “seas” of asphalt. Mr. Trudgeon noted that the City could
not meet all of its goals and still achieve successful development without some
compromise on the part of all parties. Mr. Trudgeon advised that there was a
significant and higher cost to any development in the Twin Lakes Redevelopment
area to meet the City’s standards; and if the City Council was not amenable to
assist with this proposed project financially, something else could take its
place that may prove less desirable. Mr. Trudgeon opined that, from his perspective,
this development hits a lot of the City’s requirements and standards for the
Twin Lakes area.
Mayor Roe
recognized that the City desired to have the level of quality previously
adopted; however, he recognized that the level of quality of the proposed
project was not below those design standards.
Mr. Trudgeon
noted that the exterior guidelines required a lot of articulations based on the
City’s design standards, and advised that this project would be required to
meet those at a minimum with or without financial assistance; however, Mr.
Trudgeon noted that the difference may be realized with interior embellishments.
Mr.
Solsrud noted that the intended interior construction would be similar to the
Golden Valley example, advising that both projects were seeking the same tenant
pool. Mr. Solsrud advised that the units were intended to attract the same
level of professional tenant to this property; and given budget constraints, a
high quality level of finish and related amenities was intended in order to
attract tenants to these market rate units.
At the
request of Councilmember Pust, Mr. Solsrud advised that the first phase would
include approximately 1/3 of the total units, or seventy (70) units per phase,
constructed in three (3) separate buildings.
At the
request of Councilmember Pust, Mr. Solsrud clarified that it was the developer’s
intent to have underground parking constructed with each building.
At the
request of Councilmember Pust, Mr. Trudgeon advised that, to-date, staff was
aware of petroleum spills on the site as the basic knowledge of environmental
contamination. While not anticipating other significant impacts based on
studies in the area to-date, Mr. Trudgeon admitted that this remained an unknown
factor until digging commenced.
Councilmember
Pust questioned how firm costs could be until the extent of the contamination
was known, even with petroleum contamination.
Mr.
Trudgeon clarified that there had been clean-up of spills over time, but he
remained unsure of whether or not there was more significant contamination
beyond that known at the PIK terminal west of this parcel.
At the
request of Councilmember Pust, Mr. Solsrud confirmed that the property owners
were also unsure of the extent of the contamination.
Discussion
ensued regarding the height of the building (four stories); preliminary nature
of the drawings, with the units proposed to have balconies and be typical 2-3
bedroom units, with only about eleven (11) 3-bedroom units out of the total,
with most 1-2 bedroom units, based on the most recent Maxfield Study and needs
indicated in the community.
Councilmember
Johnson, while recognizing that this was an interesting proposal for the Twin
Lakes area and that it needed something like this eventually, he concurred with
the comments of Councilmember Willmus regarding any project seeking TIF
providing meaningful wage jobs. While understanding that there would be some
jobs created with this project, Councilmember Johnson advised that he preferred
to associate use of TIF to address blighted infrastructure used to open this
area, but now needing to use remaining TIF funds for more significant job
creation.
Mayor
Roe noted that the financial participation framework had been evaluated against
this project as well as earlier criteria from the City’s 1997 TIF Policy
addressing housing needs being met through TIF funding as well. Mayor Roe
noted that TIF funding had been used for the recent Sienna Green project. Mayor
Roe personally opined that he found no need to discriminate between housing
projects having a gap and whether they met employment needs as well. Mayor Roe
noted that this was a proposed mixed use area, and the City was seeking housing
for that area; and sought to ensure that housing needs were not precluded based
on employment needs not coming into play as well. Mayor Roe spoke in support
of taking the next step for a more refined analysis of numbers; while not committing
to ultimate approval for use of TIF. However, Mayor Roe questioned if there
was a City Council majority supporting that next step; and while he personally
thought it was worth taking a further look, he also wanted to avoid something
not happening on this site due to a lack of TIF or other funding as applicable.
Mayor Roe noted that the City could not compare this project with a project in
Golden Valley, since the actual specifics of the parcel and development were
unknown, and opined they were not relevant to the City Council’s discussion
and/or comparison.
Councilmember
Johnson recognized that Mayor Roe had brought up some good points, particularly
use of TIF for Sienna Green; he opined that use of TIF needed to remain a discretionary
act of discipline; and opined that he had not changed his mind, even though
Mayor Roe’s comments were well received.
Councilmember
McGehee noted future discussion at the City Council’s November 19, 2012,
meeting to re-vision the process for Twin Lakes.
Mayor
Roe questioned if it was Councilmember McGehee’s suggestion that all projects
be put on hold until that re-visioning process was completed; to which
Councilmember McGehee responded that this would be fine from her perspective.
Councilmember
Willmus expressed his ongoing concern with this type of project considered for
TIF dollars; further expressing his concern that once Phase I had been
accomplished, whether financial conditions may change and the City would end up
being responsible for Phases II and III.
Mr.
Trudgeon noted that those concerns could be sufficiently addressed in the
language of the Development Agreement; and recognized those concerns. Mr.
Trudgeon sought a clear directive from the City Council to staff as to whether
or not to proceed with negotiations.
Councilmembers
Willmus, Johnson, and McGehee spoke in opposition of continuing with this
project as presented.
Ms. Huot,
in response to comments of Councilmember Pust during this discussion, addressed
upfront uses and sources. Ms. Huot noted that part of their analysis of any
developer’s project included how those total costs would be included. Ms. Huot
reviewed the minimal developer overhead and contingency provided of the overall
development costs; and appearance that they intended to pay themselves a huge
amount of money upfront at the time of closing beyond the actual land transaction.
Based
on Ms. Huot’s comments, Councilmember Pust questioned where the developer’s
profit was for this private market project.
Ms.
Huot advised that their profit numbers were identified at the end, with developers
relying on the annual cash flow from the project; with Ms. Huot advising that this
provided further justification that it was in the developer’s best interest to
complete all phases of the project to absorb those upfront costs.
Mayor
Roe noted his observations from the grand opening at Cherrywood Point, a phase
of the Applewood Point project; with approval by the City Council for some TIF
for that project, also a phased project.
Mr.
Trudgeon advised that that developer was currently in the process of pulling
permits for that second phase.
Councilmember
Willmus noted that that project provided for both construction and care jobs.
Mayor
Roe, with concurrence of the body, noted that there did not appear to be
majority support directing staff to move forward; with the only solution at
this time would be if the project was to proceed without TIF.
Based
on that conclusion, Mr. Trudgeon asked more general questions of the City
Council beyond this project, seeking direction as different developers and/or
landowners continued to approach staff with potential projects.
Mr.
Trudgeon questioned how staff should respond to those parties, since several
were currently looking at the Twin Lakes area; and what level of development or
expectation of development the City Council was seeking in the meantime and
until a re-visioning discussion took place at the City Council level. Mr.
Trudgeon asked if staff should continue to use the Twin Lakes development
framework to guide their discussion, or should staff bring that to the City Council
for repeal. Mr. Trudgeon asked if it was the City’s direction that TIF not be
used for any future project; and if so, should that TIF District remain
intact. Mr. Trudgeon advised that these were but a few of the directives staff
would need to proceed with reviewing or considering any project in the
immediate future.
Councilmember
Pust clarified that she was not against using TIF in all applications; however,
she was looking for a connection to job creation. Councilmember Pust opined
that, if the Twin Lakes framework did not sufficiently define that job connection,
perhaps the City Council needed to revise language accordingly. Councilmember
Pust recognized the need for staff to have a clear understanding of City
Council directives as they met with developers; and to be assured of the support
of the elected body during those negotiations.
Mr.
Trudgeon advised that staff was fielding calls from interested developers on a
weekly basis, and unless more precise guidelines were in place, he was unable
to deliver certainties to developers, which would prove a waste of their time,
as well as staff; causing them to look beyond Roseville to locate their projects.
Mayor
Roe opined that this was a fair question from staff: if the City Council
majority wanted the framework revised as it related specifically to job creation;
or to wait.
Councilmember
Willmus advised that he was interested in long-term jobs, such as those found
at a corporate headquarters; and opined that this proposal did not get there.
However, Councilmember Willmus recognized that a new City Council may provide a
different perspective.
Mr.
Trudgeon sought to make sure, if there was any misperception for use of TIF for
this project, or projects down the road, that sufficient funds would be
generated from this project for use for future projects.
Mayor
Roe concurred, noting that sufficient increment would be generated for future
projects and purposes.
Councilmember
McGehee advised that her perspective went beyond job creation; and recognized
the difficulties this presented for staff. Councilmember McGehee opined that
the re-visioning should be completed as it related to TIF; and personally
questioned whether this TIF District should continue to exist at all, since it
took away from the County and School District. Councilmember McGehee suggested
that cost-sharing, on a pay-as-you-go status, could be set up outside a TIF
District.
Mr.
Trudgeon clarified that the City could not capture tax dollars outside a TIF
District without the express approval of Ramsey County; and advised that Ramsey
County did not do tax abatements, leaving the only option available that of a
TIF District.
Councilmember
McGehee suggested the funding gap could be addressed through an exchange of
services once the project was up and running, with all parties receiving the
full tax benefit.
Mr.
Trudgeon clarified that the City could limit TIF increments, but could not give
any more (e.g. site clean-up).
Discussion
ensued regarding other funding avenues open to the City (e.g. grants through
various agencies for development/redevelopment; bonding; use of reserves; or
use of the City’s Port Authority bonding ); difficulties in obtaining or availability
of some of those funding options; applicable policy decisions at the City
Council level (e.g. use of reserves); and upfront costs for various options.
From a
different perspective, City Manager Malinen noted the Twin Lakes Redevelopment
Area and Mixed Use Zoning Designation; and questioned whether a practical
application could be found for the preferred type of development, and if it
included residential, how much, in order to ensure an ideal mix of uses in that
area.
Mr.
Trudgeon noted that the mix was usually dictated by the market; and since
development of that nature had not occurred in the last twenty (20) years, he
found it unlikely that it would occur now in this current economy. From a philosophical
standpoint, Mr. Trudgeon questioned what the City wanted in the Twin Lakes
area, opining that it was staff’s understanding that mixed use was preferred.
Mr. Trudgeon suggested that, given the ongoing frustration and lack of
development in the Twin Lakes area over the years, choices needed to be made,
providing clear direction in one direction or another.
Councilmember
Pust opined that the financial participation framework was too vague, and
providing not to be useful to the City overall.
Mr.
Trudgeon reviewed the criteria used by staff to analyze this proposed project,
noting that criteria met.
Councilmember
Pust questioned the City’s expectations, not necessarily the criteria rating,
recognizing that the market dictated some of those items. However,
Councilmember Pust noted that if she considered what Roseville was saying to
the private market, offering assistance with those items, differentiations
could be made (e.g., LEED certification, job creation, blight elimination).
Opining that every parcel in Twin Lakes would meet those considerations,
Councilmember Pust opined that this current framework and criteria was creating
the lackluster responses from developers in the area. Councilmember Pust
sought to assure the Hagen development team that it was not the intent of the
City Council to suggest that they didn’t want their development; but clarified
that the question was whether or not the City wanted to invest or spend TIF on
the project, opining that those were two entirely different issues.
Mr.
Trudgeon noted that, since the TIF Policy and criteria were both created a
number of years ago, it made sense to review them again.
In reviewing
the overall policy again, Mayor Roe suggested that a more holistic approach be
taken.
Councilmember McGehee advised
that this particular parcel was very important to her since it cut across the
filtering pond for Langton Lake, requiring environmental and sustainability
considerations. She spoke to the earlier HRA presentation envisioning this
area as a vibrant area with small shops; small shops that were anticipated by
the new residents in Applewood Pointe II. Councilmember McGehee noted that she
had observed earlier today that the parcel directly across from this site was
also for sale, noting this area bordered Oasis Pond and the ditch between
Langton Lake and Lake Johanna making this entire area environmentally sensitive.
Councilmember McGehee expressed her preference in discussing a project that was
worthy of investing public money.
Councilmember
Johnson opined that the City Council owed staff, at a minimum, a clear
directive on how they should allocate remaining TIF funds in order for them to
proceed and negotiate on behalf of the City with developers.
Mayor
Roe summarized the apparent direction from the City Council majority in seeking
project criteria that represented 1) jobs, and 2) a “wow” factor.
Terry
Foster, Hagen Properties Representative
Mr. Foster reviewed the history of
this parcel as a truck terminal over the last fifty (50) years and its success
as that use. Mr. Foster noted his discussions with area developers (e.g. Rottlund
and McGough), who have all pulled away from the office market for a variety
reasons, including that market being soft, with a significant amount of office
space already available in Roseville. Mr. Foster noted that current age mix in
Roseville at this time, with a lot of mature citizens, and this proposed development
providing an opportunity for young, professionals to come into and live in
Roseville. Mr. Foster noted that the last apartment project in Roseville was The
Lexington; and further noted that underground parking was not economically
feasible.
Mr. Foster noted that this project
presented an opportunity for the City to get rid of the truck terminals if they
so desired. However, Mr. Foster advised that, as a property owner, they
continued to get multiple requests for short-term leases from those wishing to
operate a truck terminal. Mr. Foster noted that this remained a viable option,
continuing use of the forty-six (46) door terminal, and continued truck traffic
for the area. However, Mr. Foster advised that the property owner had made a
conscious decision to pursue housing for young people at market rate, not
subsidized housing. In order to do so, Mr. Foster advised that some financial
assistance was necessary to make that happen to provide a quality project. Mr.
Foster opined that this project would not come back, and given the continued
interest in long-term truck leases over a 1-3 year period that market remained
strong as another viable option. Mr. Foster opined that, if a strong office
market was available, those proposals would come forward. While not trying to
push a point, Mr. Foster advised that he had spoken to other developers, and
the market was not there; and opined that this provided an opportunity to bring
young professionals into Roseville.
Mr. Foster respectfully thanked
the City Council for their time.
Councilmember Willmus recognized
the complexity of the developer’s and property owner’s situation; comparing his
experience in office and apartment construction projects. While not saying
“no” to the project, Councilmember Willmus encouraged them to consider the
project without the assistance of TIF.
Mr. Foster questioned if
Councilmember Willmus would consider building an apartment complex with
underground parking in today’s market.
Councilmember Willmus responded
that he had clearly laid out the criteria he was seeking for a potential
project if he was to consider TIF.
In
conclusion, Mr. Trudgeon advised that staff had received clear direction; and
expressed his appreciation for tonight’s discussion, noting that it had proven
very informative for staff. Mr. Trudgeon noted that it was always staff’s
intent to use the tools available in facilitating development, and while not
all of those tools were perfect for every project, staff’s intent was to move forward
and leverage financial participation and uses as applicable.
Mayor Roe
clarified his willingness to look at TIF for housing if a specific project made
sense; and asked if other Councilmembers were also willing to use TIF for
housing in the Twin Lakes Redevelopment Area or its use in general.
Councilmember
Pust advised that she was willing to look at TIF for housing, not just market
rate, but mixed rate units as well. If there was a way to include ground level
retail as part of that mixed use, Councilmember Pust advised that she would be
even more interested, by creation of jobs and meeting housing needs. While
unable to define what worked economically, Councilmember Pust advised that she
was not saying she would never consider TIF for housing.
Councilmember
McGehee concurred with the comments of Councilmember Pust; opining that her
vision was for mixed use with jobs provided on the lower level through service
businesses previously requested and needed by tenants in that area, as they had
originally anticipated. Councilmember McGehee opined that she did not have a
particular aversion to use of TIF for housing.
Mr.
Foster questioned the City Council’s support for market rate housing with lower
level commercial space, and whether they would consider that as mixed use;
while also addressing underground parking requirements as well.
Councilmembers
Pust, Johnson and McGehee, along with Mayor Roe, concurred that they could
potentially support such a project.
Mr.
Trudgeon expressed his appreciation to the City Council for their feedback.
Recess
Mayor Roe recessed the meeting at approximately 8:50 p.m.
and reconvened at approximately 8:57 p.m.
b.
Receive Neighborhood and Community Engagement Task Force final Report
Mayor Roe announced receipt of the
long-anticipated Roseville Neighborhood & Community Engagement Task Force
Report and Final Recommendations; and welcomed Task Force members in
attendance.
Members present included Gary
Grefenberg (Co-Chair of the Civic Engagement Task Force); Teresa Gardella
(member-at-large, tonight acting as Co-Chair for Kaying Thao who had a meeting
conflict; Jim DeBenedet (Public Works, Environment, and Transportation
Commission m ember); Kathy Ramundt (member-at-large); and Jim Lewis
(member-at-large)
As presented in meeting materials
(Attachment A), Mr. Grefenberg and Task Force members reviewed the nine (9)
areas of recommendation as outlined, and detailed in the RCA dated October 22,
2012.
Theresa Gardella
On behalf of entire Task Force,
Member Gardella thanked Mr. Grefenberg for his leadership and the resulting
recommendations created over the last seventeen (17) moths. Member Gardella
encouraged comments/questions after each section as applicable. Member
Gardella also noted that some of the recommendations had budget implications;
however, she advised that at this point, the Task Force had not spent a
considerable amount of time addressing those impacts, but had been more focused
in bringing the recommendations to the City Council. If the City Council
accepted those recommendations, Member Gardella expressed the willingness of
the Task Force in working with the City Council to strategize and find creative
resources for some of those recommended initiatives.
The nine (9) main areas emerging:
1) Integrate
citizen engagement into City Hall culture;
2) Increase
effective public participation in City Council and Commissions;
3) Engage Roseville
renters and non-single family homeowners;
4) Provide public
participation support, training, and resources;
5) Enhance print communications
and dissemination;
6) Enhance website
and electronic communications;
7) Enhance overall
city communication;
8) Foster and
support vibrant neighborhoods;
9) Improve
notification process.
Item 2: Increase effective
public participation in City Council and Commissions
Councilmember McGehee questioned
if the Task Force had any suggestions on how to locate leaders of under-represented
or minority groups.
While not having any specific
recommendations, Member Grefenberg advised that this would take considerable
time and study; and noted that many City Departments were already making
inroads and sharing that information; and noting that many
Member Gardella suggested going
where they were, working with groups and service organizations, and talking to
immigrant business owners, seeking inroads into apartment buildings housing
large percentages of that population, and beginning to build relationships as
those opportunities came forward.
Councilmember Willmus noted
previous discussions earlier this year with the Human Rights Commission (HRC)
and their intent to get out into the community, and asked if those steps had
been taken yet.
Member Grefenberg advised that the
HRC had added that to its 2013 Strategic Plan, with the HRC recognizing that it
needed to do more, while being cognizant of their limited resources and time.
Member Grefenberg acknowledged other time-sensitive priorities that had arisen
this year. Member Grefenberg noted, with the addition of two (2) minority
members on the HRC, it could begin to task them with some credibility; noting
that he looked to this Task Force to assist the HRC in coming to terms with
that need. In reviewing the multiple neighborhoods just in the southern
portion of Roseville (e.g. Lake McCarron’s area), Member Grefenberg noted the numerous
language barriers, creating a challenge and need for planning and defining how
best to reach them and their leaders, with the first step in identifying those
leaders.
Councilmember Johnson noted the
same challenges before the Parks and Recreation Commission eight (8) years ago,
and still remaining undone or unengaged; and suggested that there must be a way
to do this better. Councilmember Johnson noted the wonderful example displayed
by the Hmong and Karen communities and their traditions of meeting weekly to
play together; and questioned if there was a way to tap into that festive opportunity
with intergenerational families, through introduction and finding a chemistry
and type of people who can pull off that effort.
Member Gardella concurred, noting
that this is a great example of how and when those relationships and
foundations could begin.
Member Lewis noted this was also
addressed in Item 8 (Foster and support vibrant neighborhoods), and could
easily be adapted, perhaps modifying existing societies, but providing
neighborhood standards and allowing access to leaders for those groups.
Item 3: Engage Roseville
renters and non-single family homeowners
Member Grefenberg opined that
another under-represented group in Roseville was renters.
Councilmember Pust noted the work
currently being undertaken by the City’s Housing and Redevelopment Authority
(HRA) for rental licensing, with the proposal for providing a list of tenants
to be used for various notification and information purposes.
Member Grefenberg opined that such
an available resource would make these recommendations more reasonable.
Member Ramundt advised that, even
with tenants changing, rather than knowing their names, just knowing the number
of tenants needing recognized would be helpful.
Item 4: Provide public
participation support, training and resources
Members Grefenberg and Gardella
referenced an attachment included in the report from the League of Minnesota
Cities (LMC); and encouraged City Council review of that document.
Item 5: Enhance print
communications and dissemination
Member Ramundt noted there must be
a method to approach leaders in each specific neighborhood.
Councilmember Pust noted the need
to recognize that all people may not have access to electronic communication,
and they must continue to have printed materials available to access.
Item 6: Enhance website and
electronic communications
Member Grefenberg noted, as an
example, the difficulty for a resident applying for a commission and seeking an
online application without initially contacting staff by phone. Member Grefenberg
opined that the City’s website needed significant updating and revising.
Mayor Roe noted the under-utilized
status of C-TV (Channel 16) as a communication tool; and suggested highlights
of staff and others available to produce informational/educational pieces for
residents.
Councilmember Pust suggested high
school classes, senior citizen groups, as well as other groups to tap into for
these efforts.
Councilmember Willmus noted the
difficulty (Section 6.4) in contacting a Commission with an attachment; noting
the need to correct this omission.
Discussion ensued regarding
availability of staff assistance on weekends for residents seeking contact; the
need to recognize Open Meeting Law provisions and requirements for e-mail contact
for Commissions and the City Council and how to address frustrations created;
technical solutions that may be available; and other options.
Item 9: Improve notification
process
Member DeBenedet noted past issues
and potential solutions.
Councilmember Johnson noted that
this was the intent of the City Council for follow-up after the asphalt plant
debacle; however, he admitted it had dropped off his personal radar for follow-up,
but he concurred with the recommendations of the Task Force from his
perspective.
Member DeBenedet noted that rumors
always created the worst story, and that a more proactive approach was
indicated.
Discussion included requiring
developers to meet with neighborhoods pre-application for land use decisions.
Items for Future Consideration
In conclusion, Member Grefenberg
reviewed the three (3) conclusions (page 23):
1) Monitor progress
on recommendations based on City Council priorities;
2) Monitor
implementation and effectiveness of the Civic Engagement elements in the Imagine
Roseville 2025 Plan and 2030 Roseville Comprehensive Plan;
3) Assess the
effectiveness of recommendations as they relate to minority or marginalized
communities; and if needed, evaluate additional recommendations based on
diversity of Roseville’s populations.
Member Grefenberg noted the desire
of the Task Force to take part in this process moving forward, whether through
their continuation as a Task Force or creation of a formal Commission at the City
Council’s discretion.
Councilmember Willmus expressed
appreciation for that clarification for the future interest of the Task Force.
Member Grefenberg advised that
this represented his personal opinion, not necessarily that of the HRC, who was
currently charged with these duties.
Councilmember Johnson noted that
the original intent was that this Task Force report to the HRC, and then the
HRC would monitor its status and make recommendation to the City Council,
similar to the work of the Capital Improvement Plan (CIP Task Force.
Therefore, Councilmember Johnson questioned if these recommendations were
beyond the scope of the Task Force and if they were supported by the HRC.
Councilmember Johnson noted that it had been determined that a bi-annual reinvestigation
of the CIP Task Force was indicated, and questioned if that was not indicated
in this case for the HRC as well. Councilmember Johnson suggested that may be
a viable solution going forward, making things more manageable, while still
addressing available resources and passions. Councilmember Johnson expressed
his appreciation for this well-thought-out report and recommended solutions;
all of which he found to be achievable.
Mayor Roe concurred with
Councilmember Johnson’s expression of appreciation.
Councilmember Pust concurred,
noting her amazement with the level of detail; opining that it was great work.
However, Councilmember Pust expressed concern that, if only revisited annually,
no one would be tasked with following through; and questioned the intent of the
Task Force, whether the HRC be tasked or a separate group.
Member Gardella opined that it was
the Task Force’s preference that a separate commission be created, with a
specific staff liaison (recommendation 4).
Councilmember Pust cautioned that
she didn’t want to lose the momentum if a staff/budget issue arose.
In his three (3) year tenure on
the HRC, Member Grefenberg questioned whether the energy or resources were
available on the HRC, since the entire purpose of civic engagement was to
involve more residents. Member Grefenberg advised that he too was leaning
toward creating another commission or task force with staff support.
At the request of Councilmember
Johnson, Member Grefenberg advised that the HRC had yet to digest and support
recommendations of the task force; but noted that it was on their upcoming
November meeting agenda.
Councilmember Johnson opined that
this was a vital next step for the HRC and their formal recommendation to the
City Council on this specific issue.
Councilmember McGehee opined that
this was an excellent report and commended the Task Force; expressing her hope
that the report recommendations would be implemented Councilmember McGehee
spoke in support of the recommendations having assistance from community groups
or commissions related to this issue as well as staff support when needed.
Councilmember McGehee suggested an annual meeting in January with community
findings gathered by the HRC to assist the City Council in their priority
setting for the upcoming year. Councilmember McGehee opined that it was
essential to get that information to the City Council.
Mayor Roe noted that he was
hearing a lot of positive response to the Task Force’s report; and thanked them
for their service and recommendations. Mayor Roe advised that he was personally
very interested in their recommendations and would take it as a charge moving
forward to determine from available resources and staffing how to proceed and
how to best formulate resolution, including involvement of task force members
as makers of those recommendations.
Councilmember Willmus thanked the
entire task force, and Member Grefenberg’s leadership. As something he had
been personally following closely throughout the process, Councilmember Willmus
expressed his sincere interest in the implementation process for the
recommendations, and his interest in a formal commission to do so.
With the next HRC meeting
scheduled for November 28, 2012, Councilmember Pust asked that these
recommendations be processed at that level to allow a hearing of the HRC recommendations
in December prior to the end of her Council term.
Member Grefenberg advised that the
HRC members had seen this document and were aware of tonight’s discussion; however,
they had not been asked to take a formal position at this point.
Councilmember Pust advised that
she would be looking to the HRC for a recommendation as to structure,
implementation, and other details.
c.
Discuss Amending Professional Services Policy to Include Best
Overall Value General Guidelines
City Manager highlighted this
request as detailed in the RCA dated October 22, 2012.
Councilmember Pust questioned the
value added portion of the six (6) listed criterion and how that was defined.
City Manager Malinen expressed his
desire for City Councilmembers to received training as staff had, addressing
the best value procurement process and its application the best overall value.
City Manager Malinen noted that each firm brought their unique offerings to the
proposal process, or their particular specialty that differentiated them from
other proposals beyond meeting the basic Request for Proposals (RFP). Mr.
Malinen noted that this was used in the vetting process, along with cost, do
determine who could do the best for the City.
Councilmember Pust noted that, the
last time a contract came through with the value added component defined as the
frosting on the cake, it simply meant that they charged more for that
frosting. Councilmember Pust questioned how this was different; and why
determining who would come out as the best for the job wouldn’t come out
through the other categories. Councilmember Pust also noted all proposers
having to go through the interview or an actual meeting, with them reviewing
their past performance, and questioned why they should get separate points for
how well they presented themselves in that interview.
Given the time constraints for
further discussion, City Manager Malinen noted that this was a time-sensitive
action required at tonight’s meeting.
Roe moved to extend the meeting to 10:15 p.m. Due to lack
of a second, Mayor Roe declared the motion failed.
Pust moved, McGehee seconded, extending the meeting to 10:05
to complete this discussion.
Roll Call
Ayes: Willmus; Johnson; Pust; McGehee; and Roe.
Nays: None.
City Manager Malinen reviewed the
interview step in the best value process geared toward getting into the
interview; with all other criterion considered separate from that interview; at
which time their ability to fill in the blanks for the best interest of the
City was determined, and allowing interviewers to drill into the finer details
for additional information. Mr. Malinen advised that the interview was a
highly valued part of the process.
Mayor Roe noted that, in the best
value process, the interview was part of that defined process; with City
Manager Malinen responding in the affirmative.
Councilmember Pust expressed her
concern with the definitions, and how the weighting was used, whether it was
applicable to all contracts, or needed to be based on the service or product
being sought on a case by case basis.
Mr. Malinen advised that this
process had been vetted internally by staff, with weighting specific to this
service. Mr. Malinen advised that giving a minimum weighting to values of all
versus the highest cost allowed any equality issues or problems to be avoided.
Councilmember Pust opined that a
better practice would be to take criterion and weight them for each specific
RFP, determining ahead of time based on the right criterion; further opining
that any particular percentage would not be right for each RFP.
City Manager Malinen noted that if
a determination could be made for this specific RFP, further action and
discussion could occur in the future.
Pust
moved, Johnson seconded, adoption of Exhibit A to the Professional Services
Policy as detailed in the RCA dated October 22, 2012; authoring the City
Manager to use the six (6) criteria and guidelines specific to the purpose of
seeking a new contract for legal services only; directing City Manager Malinen
to bring this Policy back to the City Council for future discussion on a
broader application.
Councilmember
McGehee advised that she had unanswered questions regarding this technical
services agreement; opining that a best value process was not needed; and
therefore spoke in opposition to the motion, advising that she would be voting
against it based on her unanswered questions.
Roll Call
Ayes: Willmus;
Johnson; Pust; and Roe.
Nays: McGehee.
Motion carried.
d.
Discuss City Manager Evaluation Process
Mayor Roe asked for a consensus of
the body regarding the criteria provided and how it was to be rated. Mayor Roe
noted that criteria had been added in five (5) areas to allow for a more
detailed evaluation, and an additional category for “professional skills and
development.”
Councilmember Pust suggested
adding commission chairs as part of those evaluations, since they had contact
with the processes managed by the City Manager.
Councilmember McGehee suggested
that the process be handled through Ms. Bacon as the Human Resources Director
as part of her role, including use of Survey Monkey if used.
Mayor Roe advised that in his
discussions with Ms. Bacon, she advised that she did not have access to or
experience with Survey Monkey at this time.
Councilmember McGehee suggested
that she had more recent information from Ms. Bacon, and that was willing to
learn and participate in the process.
Mayor Roe suggested that this
review not be used as a steep learning curve for Ms. Bacon.
Councilmember Pust suggested that
Ms. Bacon simply be linked in to the process at this time, allowing for
additional checks and balances.
Mayor Roe concurred that
Councilmember Pust’s suggestion made sense from his perspective.
Willmus moved, Pust seconded,
moving forward with the City Manager evaluation process for completion before
2013; amended to add commission chairs to the process; and other staff as
indicated for involvement in the Survey Monkey process.
Roll Call
Ayes: Willmus; Johnson;
Pust; McGehee; and Roe.
Nays: None.
16.
Adjourn
Johnson moved, Willmus seconded,
adjournment of the meeting at approximately 10:09 p.m.
Roll Call
Ayes: Willmus; Johnson;
Pust; McGehee; and Roe.
Nays: None.