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City Council Meeting Minutes
April 27, 2009
1. Call Roll
Mayor Klausing called to order the Roseville City Council regular meeting at approximately 6:00 pm and welcomed everyone. City Attorney Jay Squires was also present.
(Voting and Seating Order for April: Ihlan; Roe; Pust; Johnson and Klausing)
Councilmember Roe was not available for tonight's meeting.
Closed Executive Session - Attorney-Client Privilege
City Attorney Squires reviewed the purpose of the Closed Executive Session related to the same discussions as the previous Closed Executive Session for an update on attorney/client privileged and confidential appraisal information regarding Hagen Ventures, LLC, in accordance with Minnesota Statute, Section 13D.01; and Minnesota Statute 13D.04, subd. 3.c respectively. City Attorney Squires noted that the meeting would be tape recorded with the tape held by the City Attorney until deemed appropriate, if applicable, for public dissemination.
Pust moved, Johnson seconded, recessing the meeting into Closed Executive Session, on a vote of 4/0, at 6:05 pm, in accordance with Minnesota Statute, Section 13D.01, for the City Council, staff, and legal counsel to discuss attorney/client privileged information and confidential appraisal information related to a discussion regarding Hagen Ventures, LLC; and to include Minnesota Statute, Section 13D.05, subd. 3.c for closure to discuss real property that may be subject to an offer or counter-offer to purchase.
Ayes: Ihlan; Pust; Johnson; and Klausing.
Mayor Klausing recessed the meeting at approximately 6:34 pm and reconvened at approximately 6:35 pm in Regular Session.
2. Approve Agenda
Councilmember Ihlan requested removal of Consent Agenda Item 7.f entitled, "Approve Water Supply Plan."
The agenda was approved by consensus, as amended.
3. Public Comment
Mayor Klausing called for public comment by members of the audience on any non-agenda items. No one appeared to speak.
4. Council Communications, Reports, Announcements and Housing and Redevelopment Authority Report
Mayor Klausing announced that a limited number of compost bins were available at City Hall during normal business hours, at a cost of $35.00 plus tax.
Mayor Klausing also announced a free seminar explaining yard composting, scheduled for May 12, 2009 at 6:30 pm; with additional information available through the City's website or by contacting Recycling Coordinator Tim Pratt at City Hall.
5. Recognitions, Donations, Communications
a. Proclamation of May 2009 as Asian Pacific American Heritage Month
Mayor Klausing read a proclamation recognizing Asian Pacific American Heritage Month.
Ihlan moved, Johnson seconded, proclamation of May 2009 as Asian Pacific American Heritage Month in Roseville.
6. Approve Minutes
a. Approve Minutes of April 20, 2009 Regular Meeting
Klausing moved, Pust seconded, approval of the minutes of the April 20, 2009 Regular Meeting as amended.
Page 2, Line 9, Mayor Klausing noted that the estimated time for reconvening into Regular Session from Closed Executive was 6:45 pm.
7. Approve Consent Agenda
There were no additional changes to the Consent Agenda than those previously noted. At the request of Mayor Klausing, City Manager Bill Malinen briefly reviewed those items being considered under the Consent Agenda.
a. Approve Payments
Johnson moved, Klausing seconded, approval of the following claims and payments as presented.
b. Approve Business License
Johnson moved, Klausing seconded, approval of business license applications for the period of one year, for the following applicants:
Type of License
Laurie Ternes Kollar @ Mind, Body & Soul
1740 Lexington Avenue
Red Clover Clinic
2233 N Hamline Avenue
Anita Teigen @ Red Clover Clinic
2233 N Hamline Avenue
c. Approve One-Day Gambling License for St. Rose of Lima
Johnson moved, Klausing seconded, approval of a one-day, off-site gambling permit for St. Rose of Lima Catholic Church to conduct lawful gambling activities on May 16, 2009 at the Midland Hills Country Club located at 2100 Fulham Street.
d. Approve General Purchases or Sale of Surplus Items Exceeding $5,000
Johnson moved, Klausing seconded, approval of general purchases and/or contracts as follows:
Replace breaker panel and
Fourth of July Fireworks Display*
AAA Striping Services
Centerline striping contract
*$4,800 of the total cost will be paid with donations
e. Receive Roseville Area Facilities Inventory Report
City Manager Malinen advised that the City Council would be receiving a summary report from staff in the near future related to potential gaps observed in the joint facility study recently completed by City staff and the Roseville Area School District. City Manager Malinen noted that Parks and Recreation Director Lonnie Brokke served as the City's representative on the School District's Facility Planning Committee, with ongoing discussion being held on long-term facility planning.
Mayor Klausing noted that his recollection of the original joint meeting between the City and School District was that the inventory was the first step, and that further discussion would include exploration of joint opportunities; and he anticipated follow-up to that original discussion. Mayor Klausing requested that staff make sure this is a future agenda item to ensure continued follow-up; and to check original notes from the joint meeting to verify purpose and intent.
Johnson moved, Klausing seconded, adoption of the Joint 2008 Comprehensive Indoor Facility Inventory of the City of Roseville and Roseville Area School District.
8. Consider Items Removed from Consent
a. Approve Water Supply Plan (former Consent Item 7.f)
City Manager Malinen, at the request of Mayor Klausing, noted that the purpose of this Request for Council Action was a requirement of State Statute that each City has a Water Supply Plan in place as part of the Comprehensive Plan approval process by the Metropolitan Council. City Manager Malinen noted that the City of Roseville is unique in that the City's water supply was purchased from St. Paul Regional Water Services.
Councilmember Ihlan advised that her request for removal of this item from the Consent Agenda was regarding previous discussions and her concerns about conservation plan aspects, and the City's conservation rates. Councilmember Ihlan opined that the City still had work to do to create appropriate conservation rates for residential properties, as well as putting some in place for commercial properties. Councilmember Ihlan advised that, until that had been achieved, she didn't want to support this requested action; and would be voting in opposition.
Councilmember Pust clarified whether this should have been done during the Comprehensive Plan Update, or if it was a separate document.
Public Works Superintendent Duane Schwartz advised that this was a separate document, referenced in the Comprehensive Plan; and that the Metropolitan Council would be looking for it to be in place prior to their ultimate approval of the Comprehensive Plan, as stipulated in their preliminary review of the Plan.
Klausing moved, Johnson seconded, approval of the City of Roseville's Water Supply Plan, as mandated by Minnesota State Statutes.
Ayes: Pust; Johnson; and Klausing.
9. General Ordinances for Adoption
11. Public Hearings
12. Business Items (Action Items)
a. Approve 2010 Benefits Contribution Incentive
Human Resources Director Eldona Bacon provided an update and recommendation from the City's Benefits and Wellness Committee to further advance the City's consumer-driven health care plan and wellness program, based on further education and a focus on preventative care for City employees and their families.
Ms. Bacon advised that the Committee had reviewed 2008 accomplishments and future goals, and was recommending furthering the foundation established in 2009, for advancing health of staff and minimizing health insurance rate increases through that preventative care and awareness aspect. Ms. Bacon noted that the City had experienced a slight decrease in claims over the last year, and were hopeful that this was in response and indicative of that wellness awareness focus. Ms. Bacon noted that only 30% of the City's staff was doing preventative health care, while the national average was approximately 80%. Ms. Bacon advised that this poor participation by the employee health insurance pool in preventative checks was responsible for the City's higher claims and rates.
Ms. Bacon advised that Management and the Benefits Committee were recommending directing a larger share of the Council-approved benefits contribution to those employees choosing to complete certain wellness-oriented initiatives prior to the beginning of the 2010 health insurance year; proposed to be $10 per month, or $120 per year additional.
Discussion included what those wellness initiatives would be; how they would be documented during the open enrollment process; confidentiality; the number of employees affected; concurrence by Union members on both Committees; and how the budgeting would be accomplished without additional costs to the City.
Johnson moved, Ihlan seconded, approval of a $120 annual incentive as part of the 2010 City Council approved Benefits contribution for staff; and to direct City staff to prepare the necessary documents for execution, subject to review and approval of the City Attorney as to legal form.
13. Business Items - Presentations/Discussions
a. Discuss Twin Lakes Infrastructure Improvements - Phase I
Mayor Klausing clarified in the Request for Council Action, as verified by staff, that the UPA Funds must be spent by December 31, 2009, rather than 2008 as indicated.
Public Works Director Duane Schwartz reviewed Council?s previous authorization to staff for development of final plans and specifications for advertising for bids for the Twin Lakes Infrastructure Improvements - Phase I and initiation of negotiations with property owners for temporary and permanent easements.
City Engineer Debra Bloom reviewed public informational meetings to-date; and provided the specifics of final plans and specifications for infrastructure improvements for Phase I. Those specifics included green initiatives for the project for storm water infrastructure tied into the streetscape itself. Those initiatives for storm water management included recycling storm water for irrigation through bio-filtration, infiltration, and native plantings.
Ms. Bloom reviewed soil investigation results to-date, with four locations indicating levels of petroleum contamination and remediation plans, as well as findings of sandy soils that would assist in filtering storm water through bio-filtration areas and allow for storage of some of that excess storm water; connection to an irrigation system for a water source for streetscape amenities; and allowing for a bypass to a subsurface infiltration area for unusual water events; reuse of sandy soils to amend petroleum contaminated sites; and sensors for the irrigation system, all controlled through a SCADA system for monitoring the entire system. Ms. Bloom advised that Rice Creek Watershed District shared the City's enthusiasm and interest in pursuing the identified initiatives.
Ms. Bloom noted the participation and recommendations of community volunteers, both involved in and independent of the City's Public Works, Environment, and Transportation Advisory Commission.
Mr. Schwartz advised that the outside consulting firm helping staff in this development had originally planned a more traditional storm water system, but had been pleased with and receptive to the input received from community volunteers.
Discussion included initial construction of the infrastructure components for Phase I with oversized construction of some areas to allow expansion of the system as future phases at Twin Lakes develop; more stability of the root system for trees given this type of watering system; as well as native plants and more porous soils.
Ms. Bloom and Mr. Schwartz addressed lighting issues, attempting to keep them at a minimum for pedestrian use, anticipating additional lighting in the area as development occurs. Ms. Bloom noted that street lighting had been bid for both inductive or LED, with LED to be determined as an add/alternative to the bid award. Mr. Schwartz advised that while LED was more efficient than inductive lighting, inductive lighting was more technologically sound at this point. Ms. Bloom noted that fixtures would be selected that could be converted in the future.
Ms. Bloom noted that, in order to avoid trucking costs, plans were that recycled asphalt would be used as a base under roadways; and soils would be reused as much as possible on site and for amending contaminated soils; and identified the location of those buildings requiring demolition.
Mr. Schwartz provided cost estimates and comparisons of grant and design estimates as follows:
*Mr. Schwartz noted that utility costs had increased due to attempting a green project, and oversizing the utilities to facilitate the entire project, not just limited to Phase I construction.
*Mr. Schwartz advised that right-of-way costs had increased with the final relocation of the roadway from the original placement, requiring acquisition of more of the Indianhead parcel than originally estimated.
Environmental clean up
Mr. Schwartz summarized changes in costs for rights-of-way (including appraisal/negotiation; temporary easements; demolition of structures; misc. acquisition costs of existing facilities; and additional Indianhead right-of-way costs); increases to landscape costs; street lights; storm costs included for partial Phase II; and environmental clean up costs. Mr. Schwartz noted that the larger upfront costs were being borne by the City at this time, as additional development was not yet occurring in the area, and much of the design issues were being done upfront as well. Mr. Schwartz noted that recent bids had been coming in lower than engineer?s estimates, and staff was hoping that this would be the case with this project bid as well.
Ms. Bloom reviewed the anticipated schedule for finalizing the plan for City Council approval to go to bid in May; bid opening and City Council award anticipated in June; and construction start scheduled to begin in July to meet the December 31, 2009 deadline,
Additional discussion included whether other soil contamination (i.e., TCE and/or other solvents) had been found, with staff advising that no additional contamination had been evidenced to-date and based on the limitations of soil borings on those properties in the public domain; and staff?s update and annual adjustment of infrastructure costs to be allocated to future developments to eventually recoup some of the initial costs.
Mr. Schwartz noted that staff continued to pursue additional funding sources for clean up of contaminated soils and grant criteria that would allow the City to make application for those funds.
Councilmember Ihlan requested further discussion and attempts to identify property owners responsible for originally contaminating the soils in order to seek reimbursement for clean up costs.
Councilmember Pust commended staff for pursuing public money sources from federal and state funds for clean up monies.
Mayor Klausing noted historical difficulties in identifying property titles going back 30-40 years, with different users and different contaminates and actual legal entities having liability being balanced by legal and investigative costs for the City.
Further discussion included some of those costs subject to ongoing negotiations; appraisal calculations taken into consideration for those properties, as confirmed by City Attorney Squires.
City Attorney Squires offered to provide further research on the City's ability to recover costs under state and federal laws, and identifying responsible parties from whom to seek compensation.
Councilmember Ihlan note that the City had consulted an attorney in the past for an investigation to determine the chain of responsibility for subject properties; and spoke in support of pursuing that legal advice to look into environmental clean up reimbursement; with those transactions structured to keep the City out of the chain of property transactions.
City Manager Malinen reviewed the proposed funding for the infrastructure improvements, with eventual reimbursement as the area develops, including Tax Increment Fund (TIF) funds from the Centre Pointe Development, grant monies, allocation contribution from Metropolitan Transit; and if necessary, TIF funds from the existing District depending on how the bids came in.
Councilmember Pust spoke in support of the design elements; however, she noted that costs are 30% higher than originally estimated; and that there were many other projects on hold in addition to this one. Councilmember Pust spoke in support of further analysis of finding those responsible for the original contamination of the properties to cost-share the property clean up.
City Manager Malinen noted that appraisals of those properties with contamination on site had taken in the condition of those properties.
Mayor Klausing opined that he would like to see these issues determined once and for all; and directed the City Attorney to determine the process required and further research how the City could establish liability issues; recovery of funds when the City is not the owner of the contaminated property; and other issues not specific to actual land use.
Mayor Klausing thanked staff for their work, and expressed his enthusiasm about the proposed green design.
b. Discuss Twin Lakes Property Maintenance Code Enforcement
City Manager Malinen, based on Councilmember Ihlan's previous request and previous requests for the City Attorney's office, noted the April 3, 2009 letter from City Attorney Squires outlining options available for the City Council to consider related to dilapidated structures in the Twin Lakes redevelopment area.
Councilmember Ihlan advised that she would prefer to have this discussion when Community Development Director Patrick Trudgeon was in attendance; and to focus specifically on community complaints regarding dilapidated buildings. Councilmember Ihlan expressed concern with appraisals including values for those buildings scheduled for demolition; and opined that the City needed to be more pro-active in either getting buildings brought up-to-code so they have value for right-of-way acquisition; or have them demolished at the expense of the property owner. Councilmember Ihlan expressed her preference for Option Two as detailed in the April 3, 2009 letter from City Attorney Squires; and expressed a desire to know more about that Option, and the hazardous Building Law and city demolition of such buildings under that specific statute and definition. Councilmember Ihlan opined that the City Council needed to do more to ensure the health and safety issues related to these types of structures; and not make assumptions that taxpayer monies be used to clean up those properties.
Mayor Klausing clarified that he was making no assumption that taxpayer monies would be used to clean up these properties; however, he noted that if the City needed to take out a portion of a building for construction of a roadway, that the City had an obligation to make the property owner whole. Mayor Klausing reminded Councilmembers that the City was looking at formulas to ensure property owners and developers contributed to the overall cost for redeveloping the Twin Lakes area; however, noted that law requires remuneration to property owners for any taking required. Mayor Klausing expressed his desire to also explore the Hazardous Building Law and explore options for razing or improving building maintenance.
Councilmember Johnson opined that it would be nice to at least get undesirable and vacant buildings boarded and chained up to avoid gang-related activities.
Mayor Klausing requested that additional discussion take place when Mr. Trudgeon was available.
City Manager so noted, and advised that the City Attorney would provide additional information as requested by Councilmember Ihlan regarding the Hazardous Building Law.
c. Discuss Ordinance to Expand Focus of Human Rights Commission (HRC)
City Manager Malinen reviewed previous discussion and expansion of the Human Rights Commission to implement Imagine Roseville 2025 goals, as detailed in the Request for Council Action dated April 27, 2009. Mr. Malinen reviewed discussion at the HRC level, as requested by the City Council, and their recommendation to the City Council as outlined in the draft ordinance provided in the Council packet. Mr. Malinen advised that the HRC was not responsive to renaming the Commission, based on their concern that the HRC retain their traditional focus and function as in integral service to the community. City Manager Malinen noted that the HRC had held lengthy and productive discussions prior to their recommendation for expanding the focus of the HRC.
Councilmember Ihlan requested review of the HRC meeting minutes prior to consideration of the proposed ordinance.
City Manager Malinen noted that they were in their draft form, and had not been reviewed or approved by the HRC at this time. Mr. Malinen reviewed and summarized the recommended revisions to the original draft ordinance.
Councilmember Pust, in discussing the item with various members of the HRC, advised that it was her understanding that the HRC had spent the entire 2-1/2 hour HRC meeting word-smithing the ordinance; and opined that this ordinance indicates their preferred language.
City Manager Malinen reiterated his perception that it had been a good and productive meeting, even though it was the first meeting of a number of the newly-appointed Commissioners; but that they provided input into the drafted language, and recommended to the City Council by consensus.
Councilmember Pust suggested a grammatical change on page 1, line 27 from "by" to "to."
Pust moved, Johnson seconded, enactment of Ordinance No. 1381 entitled, "An Ordinance Amending Title 2, Section 204, Human Rights Commission, Expanding Focus of Human Rights Commission," as amended to revise Page 1, line 27 from "by" to the word "to;" for the purpose to further the Imagine Roseville 2025 and the 2030 Comprehensive Plan goals and strategies, and to help build strong neighborhoods and to foster greater appreciation, respect and understanding of the diversity of our community.
Councilmember Ihlan requested that approval be held until the next meeting on the Consent Agenda, to allow time to review meeting minutes of the Human Rights Commission when they made recommendation of this ordinance.
Mayor Klausing suggested that the ordinance be enacted tonight; and if an issue with the minutes was found, then it could be brought back for further review.
After further discussion, City Manager Malinen was tasked with making copies of the initial draft Human Rights Commission meeting minutes of April 14, 2009, provided by the Recording Secretary at this meeting; provided as a bench handout.
Mayor Klausing recessed the meeting at approximately 7:55 pm and reconvened at approximately 8:07 pm.
14. City Manager Future Agenda Review
City Manager Malinen provided projected agenda items for future meeting.
City Manager Malinen also provided, as a bench handout, a memorandum dated April 27, 2009, and entitled, "2008 Roseville City and School District Meeting Summary and Action Plans; Status Updates of February 5, 2009 and April 27, 2009."
Councilmember Johnson requested an update on the status of the City Manager's 2008 review; with City Manager Malinen advising that he had almost completed his supplemental information to the City Council.
Councilmember Johnson requested a status report on the Professional Services Agreement for the City and Prosecuting Attorneys; with City Manager Malinen advising that he was awaiting additional information from City Councilmembers.
15. Councilmember-Initiated Items for Future Meetings
Councilmember Ihlan requested a future agenda item for discussion of recovery of environmental clean up costs at Twin Lakes; noting that a previous legal opinion should serve as the basis for that discussion.
City Manager Malinen noted that he would locate the previous legal opinion from Attorney Baker for that discussion.
The meeting was adjourned at approximately 8:15 pm.