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City of
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City Council Study Session
Minutes
Roseville City Hall Council Chambers
Monday, March 21, 2005
Citizen Advisory Commission Interviews
Councilmembers met at 5 :00 p.m. for the purpose of
interviewing Citizen Advisory Commission applicants at
approximate ten minute intervals. Applicants were scheduled as
follows:
5:00 p.m. Ann Keeney
5:10 p.m. Robert Venters
5:20 p.m. Laura Mirsch
5:30 p.m. Mary Jean Turinia Anderson
5:40 p.m. Edward Merriam
*It was noted that Scott Higbee, Human Rights
Commission applicant, was unavailable to
interview tonight.
Recess
Mayor Klausing recessed the meeting at approximately 5:55 p.m.
and reconvened at 6:07 p.m.
Call Roll and Adopt Agenda
Mayor Klausing called the Study Session of the Roseville City
Council to order at 6:07 p.m. in the City Hall Council Chambers
on the above date and welcomed everyone.
Roll Call (Voting Order)
Councilmembers Schroeder; Ihlan; Kough; Maschka and Mayor
Klausing. All were present. City Attorney Eric Hedtke was also
present.
Citizen Advisory
Commission
Interviews
Recess
6:07 p.m.
Call Roll and
Approve Agenda Approve Agenda
Mayor Klausing called for any comments or discussion on
tonight's Agenda.
City Council Study Session - 03/21/05
Minutes - Page 2
City Manager Beets noted that a resident had requested to speak
regarding Agenda Item 5 entitled, "Further Briefing about a
Proposed Ordinance Amending the Roseville City Code relating
to Animal Control (Dangerous Animal Ordinance from 2/14/05
Council Meeting);" but would not be arriving until
approximately 8:30 p.m. City Manager Beets requested that the
item not be considered until her arrival. Councilmembers
concurred.
There were no further amendments to the agenda.
1. Public Comment about City Issues Public Comment
Mayor Klausing called for public comment by members of the about City Issues
audience on any non-agenda items.
A. John Kysylyczyn, 3083 N Victoria Street
Mr. Kysylyczyn advised Councilmembers and the public of
the availability of recent OVAL Task Force meetings for
viewing via the internet through an independent, non-
government source. Mr. Kysylyczyn opined that the
OVAL had been a continuing losing venture for Roseville
taxpayers, and a drain on the City's budget, and encouraged
public awareness of the issues related to the OVAL.
Mr. Kysylyczyn provided his perception of the
appointment process for Planning Commission Chairs and
provided a historical interpretation of past practice. Mr.
Kysylyczyn noted that Mr. Traynor, current Planning
Commission Vice Chair who's proposed for Chair, should
have his relationship as political campaign worker for
Mayor Klausing's campaign fully disclosed.; and suggested
such a policy be adopted in writing for future reference and
to restore integrity and honesty in government.
Mr. Kysylyczyn provided a Bench Handout relating to
several topics.
B. Councilmember Amy Ihlan
Councilmember Ihlan alerted Councilmembers and the
public of proposals of the Metropolitan Council and
City Council Study Session - 03/21/05
Minutes - Page 3
Metropolitan Transit to eliminate circulator bus routes,
many that would impact the City of Roseville.
Councilmember Ihlan opined that it was an important issue
for Council and their constituents; and advised she would
be preparing a resolution for Council consideration at their
next meeting, opposing elimination of these routes.
Councilmember Ihlan invited the public to attend the next
meeting, or contact Councilmembers prior to the meeting
regarding their opinions.
C. Councilmember Tom Kough
Councilmember Kough requested, for the record, that his
inability to attend last Monday's Council meeting had been
pre-arranged several months in advance.
2.
Act Upon a Consulting Contract relating to the OVAL
Maschka moved, Klausing seconded, authorizing the Parks and
Recreation Department to enter into an agreement with Stevens
Engineering for an hourly, not to exceed amount of $28,500 plus
reimbursables, for professional engineering services, for steps 1-
6, as outlined in the proposal dated January 26, 2005; with the
funds to be taken from the City Building Replacement Fund.
Councilmember Kough advised that he had invited a special
speaker to address the Council related to this item; and thanked
Councilmembers Schroeder and Ihlan for delaying discussion of
this item until tonight's meeting so he could personally attend.
Councilmember Kough introduced Mr. Sid Johnson, a co-worker
of his from General Mills, with expertise in refrigeration
systems. Councilmember Kough opined that he believed the
present chiller malfunctions were due to poor maintenance,
which had caused air corrosion, and sought a determination as to
whether the chiller could be retubed, and recommended an
examination of the shell prior to entering into a contract with an
engineering firm for further study.
Sid Johnson, General Mills
Mr. Johnson provided a brief summary of his 35 years in
refrigeration work and concurred with Councilmember Kough's
concerns related contracting for engineering plans here; and
encouraged Councilmembers to find out the problem prior to
OVAL
Consulting
Contract
City Council Study Session - 03/21/05
Minutes - Page 4
bringing in engineers.
Mayor Klausing questioned Councilmember Kough on the
context of Mr. Johnson's opinions and comments related to the
action before the City Council at this time regarding authorizing
an engineering study.
Councilmember Kough opined that the City Council was not
taking all factors into consideration; and questioned the process
to-date in requesting proposals.
Discussion included funding for engineering studies through
Xcel Energy; type of coolant used in the chiller; compatibility of
the two systems at the OVAL and the Arena; status of the Task
Force related to tonight's requested Council action; cost of the
engineering study; timing, costs and revenue with the upcoming
ice season; the operational functions of the OVAL for the last 11
years; and future maintenance of the facility.
Mayor Klausing called for additional public comment at this
time.
Al Sands, 2612 Aldine
Mr. Sands spoke in opposition to the motion; opining that the
financial history of the facility was dismal and future revenue
requirements on an annual basis to make the facility self-
supporting, in addition to repairs and maintenance were
unknown at this time. Mr. Sands recommended a full study by
the Task Force be completed prior to Council action on this
agenda item, further opining that the facility was utilized b
minority of professional skaters, and didn't serve the citizens of
Roseville on a broad level. Mr. Sands opined that installation of
artificial turf at area playgrounds would be a better use of public
funds.
Dan Roe, 2100 N Avon Street
Mr. Roe addressed before the Council, specifically the Task
Force's request that this engineering study be initiated as part of
their analysis of the facility - both short and long-term. Mr. Roe
opined that Steps 3 and 4 of the proposed study appeared to be
premature; and recommended contracting Steps 1, 2, 5 and 6
City Council Study Session - 03/21/05
Minutes - Page 5
with Stevens Engineering; and encouraged Councilmembers to
seek expert advice from a reputable firm, who was willing to
stand by their study and recommendations.
Dick Houck, 1133 Roselawn Avenue
Mr. Houck opined that the City was continuing involvement in a
losing proposition; and had been for the last 11 years, including
the forgiven debt requirements. Mr. Houck further opined that
the facility was never intended to be a Roseville facility, but a
regional, national and international facility with more regional
support. Mr. Houck encouraged the City Council to allow the
Task Force to complete their analysis and to complete a Business
Plan, speaking highly of the expertise of the members. Mr.
Houck spoke in opposition to the motion prior to the Task Force
completing their analysis.
Joe Machyowsky, 2690 N Oxford
Mr. Machyowsky expressed his frustration as a taxpayer with the
OV AL' s huge financial drain on the City budget, when other
budget cutbacks were required. Mr. Machyowsky opined that
the facility was a luxury serving a few people, and that the City
could no longer afford to keep it running.
Eric Ristau, Midway Speed Skating
Mr. Ristau disputed comments that only a few professional
skaters were users of the OVAL, noting that hundreds - if not
thousands - used the facility in a given year. Mr. Ristau noted
that former Olympians served as coaches; and the Roseville
Hockey Association were frequent users of the facility, due to its
reputation of the facility. Mr. Ristau spoke to the track record set
earlier this year on the natural ice; the efficiencies being learned
in operating the facility; need to return the facility to full
operation for next season for revenue and reputation purposes;
and the contribution of funding through charitable gambling
operations from the club.
John Kysylyczyn, 3083 N Victoria Street
Mr. Kysylyczyn expressed concern regarding the lack of
consensus existing with this issue, opining that the big issue is
not the repair of the OVAL, but the continuing annual operating
expenses. Mr. Kysylyczyn encouraged Councilmembers to
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Minutes - Page 6
return funding to the City's budget for maintenance personnel to
address the backlog of maintenance in the City's parks. Mr.
Kysylyczyn noted that Central Park was more of a "gem" in the
community and used by more Roseville citizens, specifically
senior citizens, than the OVAL.
Councilmember Maschka requested a clarification from Parks
and Recreation Director Brokke on the annual use; and why the
engineering study had been requested at this time.
Mr. Brokke noted that the facility operated on an approximate
$100,000 annual deficit; and experienced approximately 100,000
visitors annually.
Councilmember Schroeder defended staff by noting that the City
Council had directed Mr. Brokke to obtain additional answers
and information for the City Council to allow them to make an
informed decision. Councilmember Schroeder noted that Mr.
Brokke had done so, to the best of his ability, and had then
sought further expertise -through an engineering firm - due to
the complexities of the refrigeration system and lack of overall
Councilmember knowledge related to the operating system.
Councilmember Schroeder noted that professional advice, with
signed certifications as to those findings, through the use of
resident dollars to bring resolution to a continuing problem; and
the engineering study was proposed to seek alternatives and
varying solutions.
Mayor Klausing thanked Councilmember Schroeder for his
clarification of the requested action.
Mr. Brokke noted that the annual subsidy required to operate the
facility had decreased in recent years. Mr. Brokke noted that the
engineering proposal was an all-encompassing proposal; and
noted the critical nature of continuing to delay the analysis, given
time required if action were taken following the study in
preparation of the next ice season. Mr. Brokke noted that the
Xcel Energy rebate program had been brought to staff s attention
by Public Works Director Duane Schwartz, and had been applied
for by staff, prior to BEM Corporation bringing it to the
Council's attention at the last Council meeting, but noted the
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Minutes - Page 7
amount of the rebate remained pending to be determined on the
actual scope of the study approved. Mr. Brokke expressed
confidence in the ice technicians employed by the City, and
didn't concur with Councilmember Kough's opinion that the
chiller issue was created by poor maintenance. Mr. Brokke
recognized Mr. Johnson's expertise, noting that staff had
previously met with him and appreciated his input, but had
already received similar advice from the City's ice technicians,
as well as independent expert advice. Mr. Brokke concurred
with Mr. Roe's comments regarding the amount of "free" advice
received to-date, and the need to move toward a professional
relationship with a firm that will sign off on the actual study and
proposed solutions.
Councilmember Ihlan noted that the discussion needed to revolve
around operating and capital financing as a larger picture, in
addition to the immediate need for repairs.
Discussion included funding remaining from contributions of the
Midway Speedskating Club; analysis by the City's Finance
Director Chris Miller; availability of information being analyzed
by the Task Force and staff on the City's Parks and Recreation
website; and individual steps involved in the Steven's
Engineering proposal and the history of each.
Councilmember Ihlan opined that the Task Force needed to
continue work on a Business Plan to identifying revenue funding
sources for continued operations and maintenance; with an
accurate projection of revenues and expenses, including
personnel and utilities; and determination as to whether or not
the facility is a valuable asset to the community, and the region.
Mayor Klausing requested comment at this time from Mr. Scott
Nelson, Vice Chair of the OVAL Task Force. Mr. Brokke
introduced Mr. Nelson, noting that Mr. Nelson was stepping in
for Richard Jacobson, Chair of the Task Force, who was out of
town.
Scott Nelson, Vice Chair, OVAL Task Force
Mr. Nelson noted that the Task Force had only met twice to-date;
and were just beginning to gather substantive information, and
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Minutes - Page 8
finding ways to encourage dialogue between the public and the
Task Force. Mr. Nelson noted that the Task Force was looking
at the facility as a business, and the views of those serving on the
Task Force were varied as to the viability of continuing to
operate the facility. Mr. Nelson advised that the Task Force was
recommending the engineering study to assist in their research of
the facility and its future. Mr. Nelson opined that the facility was
a $1 million business, and it either needed to lower costs of
increase revenue. Mr. Nelson noted that the regional draw of the
facility was being strongly researched by the Task Force, but
advised it would take some time to "fix" the business aspects.
Mr. Nelson therefore noted that the study would determine if the
business could be "fixed," to determine future revenue sources
and actual costs for operation and maintenance. Mr. Nelson
advised that the facility did provide an economic impact to
Roseville businesses (i.e., motels and food establishments
specifically) and it was imperative that something be
accomplished quickly to capture those economic incentives if
they were to be included in the future of Roseville and the
regIOn.
Councilmember Kough addressed his previous comments related
to maintenance, and clarified that he was not reflecting on
personnel being at fault. Mr. Kough commented on the "plate
and frame" heat exchanged and its ability to be utilized.
Mayor Klausing clarified the motion before the Council: that a
problem existed with the chiller and it needed to be addressed;
noting that - at the City Council's request - staff had sought
additional information and expertise through an engineering
report; and staff was seeking the City Council's direction as to
moving forward. Mayor Klausing spoke in support of the
motion, recognizing the specialized area of work.
Mayor Klausing further addressed the second issue before the
Council related to the long-term annual operating deficit and the
Task Force's review of whether the facility should remain a city-
operated facility. Mayor Klausing likened the facility to a home,
one that would need maintenance, even if sold, to be more
attractive to a potential buyer or manager.
City Council Study Session - 03/21/05
Minutes - Page 9
Councilmember Schroeder spoke in support of the motion, with
the exclusion of Step 3 (Final Documents and Assist with
Bidding) and Step 4 (Construction Services).
Mr. Brokke noted that Step 5 (Evaluate the Option of a Plate and
Frame Chiller-Type System) and Step 6 (Evaluate the Feasibility
of Connecting the RSVC Arena to the John Rose OVAL's
Refrigeration System) would need to be done before Steps 3 and
4. Mr. Brokke referenced the scope of services and the Xcel
Energy rebate funding.
City Manager Beets noted the "not to exceed" language of this
proposed contract, and the favorability to the City in bidding the
proposal in a comprehensive fashion, rather than piecemeal, in
saving time, effort and money in rebidding portions. Mr. Beets
noted that the Council was not authorizing Steven's Engineering
to complete the steps without City Council authorization based
on the advice of the Task Force findings, following public
hearing, discussion and Task Force recommendations.
Discussion included definition of "reimbursables," other sources
for funding the study; lack of available firms submitting
proposals as requested; and reducing energy costs and possible
alternatives.
Klausing moved, Maschka seconded, an amendment authorizing
the Parks and Recreation Department to enter into an agreement
with Stevens Engineering for an hourly, not to exceed amount of
$28,500 plus reimbursables, for professional engineering
services, for steps 1-6, as outlined in the proposal dated January
26, 2005; with staff directed to report back to the City Council
prior to taking Steps 3 and/or 4; with the funds to be taken from
the City Building Replacement Fund.
Roll Call (Amendment)
Ayes: Schroeder, Ihlan, Kough, Maschka and Klausing.
Nays: None.
Further discussion included the complexity of the decision and
issue; the qualifications and timing of the proposal received from
BEM Corporation; and possible alternatives for redesign or
City Council Study Session - 03/21/05
Minutes - Page 10
renovation for future efficiencies.
Further discussion ensued, and several motions were attempted,
with no clear direction, including allowing the Task Force
additional leeway and analysis time; potential savings
diminished by delaying the engineering study; involvement of
Steven's Engineering and lack of conflicts in the construction
process; and up front repair costs.
Roll Call (Original Motion as Amended)
Ayes: Schroeder, Ihlan, Kough, Maschka and Klausing.
Nays: None
3. Update regarding OVAL Task Force OVAL Task Force
Parks and Recreation Director Lonnie Brokke encouraged the
public to communicate with the Task Force; and further
encouraged that they stay involved and up-do-date by accessing
the City's website: www.ci.roseville.mn.us; and by attending the
meetings of the Task Force and/or the Parks and Recreation
Commission; through e-mailing, writing or calling individual
Task Force members or staff.
Mr. Broldce reviewed the members of the Task Force, their
names, and location of additional information.
Recess Recess
Mayor Klausing recessed the meeting at approximately 7:37 p.m.
and reconvened at 7:44 p.m.
4. Briefing about the Proposed Projects for the Parks and 2005 PIP Briefing
Recreation 2005 PIP (Park Improvement Program)
Parks and Recreation Director Lonnie Brokke briefed the City
Council on proposed projects in the 2005 Park Improvement
Program (PIP).
Mr. Brokke reviewed the purpose, process, critical evaluation
factors, and implementation of the PIP.
Proposed projects for 2005 were outlined as follows, with Mr.
Brokke noting that the 2005 budget at $150,000, had been
continuing to be reduced annually.
City Council Study Session - 03/21/05
Minutes - Page 11
Item Amount
Park Signs $20,000
Playground Equipment (Sandcastle Park) 30,000
Rosebrook Field Lighting 50,000
Tennis court resurface (Victoria) 15,000
Athletic Field Upgrades Victoria Dredging 15,000
Landscaping 10,000
Amenities Picnic table, grills 5,000
Bleacher pads, Victoria 2, Legion Field 5,000
Discussion included use of pervious or impervious surfaces; park
sign enhancements; feasibility of a golf driving range at the
OV AL during the summer; elimination of previous debt in this
fund; original source of bonding monies for the fund; future
Study Session agenda item related to the scope for projected
implementation over a five-year period of the outstanding capital
projects (i.e., replacement of warming houses/shelters); changing
uses of area parks; Master Plan development or redevelopment in
specific neighborhoods; updated community and neighborhood
input on park uses and their reactions to overall individual park
plans and systems.
6.
Public Works-City Hall Building Project: A Recap
Public Works Director Duane Schwartz, in his capacity as
Project Manager for the project, provided a final recap of the
budget for the project and the overall observations of the
construction experience. Mr. Schwartz reviewed various
components and goals of the project:
Project Delivery
· Construction management versus hard bid awarded to one
general contractor;
· Minimize number of poorly performing subcontractors
versus change of getting poorly performing general
contractor;
· Ability to choose construction manager based on
qualifications.
Mr. Schwartz concluded that, overall, subcontractors performed
adequately and that for the most part, the construction
management method worked out well.
Recap
Public Works
City Hall
Building Project
City Council Study Session - 03/21/05
Minutes - Page 12
Set Project up for Success
· Bid a significant number of alternates;
· Keep the project team focused on the goals of the City and
the budget;
· Good project partners - from architects to general
contractor - good value for our money.
Mr. Schwartz concluded that architectural fees were slightly over
budget, with construction management fees slightly under
budget.
Change Orders
Approximately 10% of contract base bids:
· of that 5% due to approved alternates by CC;
· 5% due to unforeseen conditions, errors, and omissions;
with some due to project development schedule being
rushed (seasonal concerns; steel prices up by 50%, but the
City came out ahead in that respect).
Rebates
. $14,300 received from Xcel Energy for participating in
Design Assistance program plus they paid for design fees.
Building Project Items Yet to be Completed
· Interior signage - department signs, Rose logo;
. Exterior Signage - frost out - post and panel; building
signage; monument sign;
· Way finding panel in foyer area;
· 800 MGHZ interior building antenna - money reserves;
. 3rd vehicle lift for central garage;
· additional valving for HV AC in City Hall;
· Additional FF & E;
· Retainage of existing contracts to be paid;
· Additional architectural fees (as built drawings);
· Outstanding bill for cleaned/scratched glass (in dispute).
Project authorized Costs
· Police expansion, site work and maintenance facility
improvements;
· City Hall remodeling;
City Council Study Session - 03/21/05
Minutes - Page 13
· Technology;
· City Council Chambers.
Mr. Schwartz concluded that the proj ect expenses to-date were
approximately $198,000 under budget, excluding outstanding
additional architectural fees.
Mr. Schwartz noted that there was substantial value-added by
staff performance of several items including, engineering
services for site work; technical and audio visual design and
installation; assistance with site work; equipment purchase and
installation; painting in maintenance garages; and moving, all of
which he estimated at a value of in excess of $205,000.
Mayor Klausing extended his, the City Council's and Citizen
kudos to Mr. Schwartz for his oversight of the project; and
expressed his pleasure with the project as a great addition for the
citizens of Roseville and City staff.
7.
Briefing about Municipally-Owned Broadband Networks,
such as Wi-Fi Technology and a Municipal I-Net
Finance Director Chris Miller initiated an exploratory discussion
for establishment of a municipal-owned network to provide
broadband internet service and enhance existing public service
networks. Mr. Miller presented a series of articles in the Council
packet, along with several examples, with the most local
example being the City ofChaska, MN.
Discussion included common factors present and their
application to Roseville; evaluation of the current broadband
service and whether it met demand and efficiencies; potential
competition long-term with private sector servers; potential
advantages and disadvantages; enhancements to city services
with a publicly-owned network; cost/benefit analyses; and
risk/reward relationships.
Mr. Miller's initial question to the City Council was whether
they wished City staff to perform additional research and
feasibility studies related to this potential service; recognizing
the philosophical, as well as policy decisions implied.
Briefing
Municipally-
Owned Broadband
Networks, such as
Wi-Fi Technology
and a Municipal 1-
Net
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Minutes - Page 14
Councilmember Schroeder provided input from his involvement
with this topic at a recent retreat; noting the city advantages
internally; right-of-way issues; and infrastructure maintenance
considerations. Councilmember Schroeder noted the need for a
market analysis; and opined his openness to this progressive
technology.
Councilmember Maschka noted the incredible capital required to
approach such an opportunity; and supported coalitions of cities
and/or suburbs to make it more cost-effective.
Discussion included economies of scale and size of market;
public/private partnerships; construction of a private fiber
network; at cost or for profit potential and philosophy;
depreciation; upfront costs; implications of wireless; liability and
security issues; existing and pending litigation related to
restricting and/or limiting municipalities in this area;
connectivity and topography concerns with wireless
communication; and managed steps in initiation of a project.
Councilmember Ihlan questioned City Attorney Hedtke on legal
regulations; and status of public utility or communications
compames.
City Attorney Hedtke addressed municipal utility status (i.e.,
water, sewer) that would not be governed by the Public Utilities
Commission.
Mayor Klausing sought Council consensus on how to direct staff
to proceed.
Further discussion included consulting fees;
industrial/commercial class offerings at a higher speed, with
residential service a slightly slower speed for marketing
techniques to meet demand; and whether internal systems would
prove more useful, rather than a more expansive network.
Mr. Miller concluded that Council direction appeared to be that
staff continue research internally at this time; attempt to frame
philosophical issues; and provide the Council with general ideas
on how a municipal network may look and operate.
City Council Study Session - 03/21/05
Minutes - Page 15
Councilmembers concurred and so directed staff.
Councilmember Maschka noted an upcoming national
conference in Washington, D.C. related to "digital cities," and
questioned whether someone should attend.
Mr. Miller responded that, while staff has been observing
national trends and opportunities, an upcoming League of
Minnesota Cities (LMC) sponsored forum may be more
appropriate at this time.
Councilmember Maschka noted that the City's original
technological innovations allowed the City's technology budget
to remain in control and made the City more efficient; and
opined technological innovations with wi-fi presented similar
opportunities as the next logical step.
5.
Further Briefing about a Proposed Ordinance Amending the
Roseville City Code relating to Animal Control (Dangerous
Animal Ordinance from 2/14/05 Council Meeting)
Police Chief Carol Sletner provided additional information from
past Council discussion related to the appeal process; comparison
of the proposed ordinance to state statute; definition of
dangerous animals; and City Attorney comment related to a
proposed ordinance amending City Code, Title Five, Section
501.16 regarding vicious animals.
City Attorney Hedtke summarized the proposed City ordinance
and it's mirroring of state statute, noting that the City ordinance
could be more, not less, restrictive than state ordinance, allowing
further clarification on a local level. Mr. Hedtke recommended
tracking state statute for the definition of dangerous animals.
Mr. Hedtke noted that the appeal body, or delegation, was at the
discretion of the City Council.
Discussion included the appeal process and determinations; the
need to expand the ordinance to dangerous animals, not
exclusively dogs, given past experiences observed; the necessity
for a local law that replicated a state law; exemptions; lack of
enforcement available under the City's current law;
administrative implementation and identification of steps in local
Further Briefing
Animal Control
Ordinance
(Dangerous Animal
Ordinance from
2/14/05 Council
Meeting)
City Council Study Session - 03/21/05
Minutes - Page 16
legislation as proposed; provocation circumstances; proof and or
evidence in any case; factual and evidentiary questions; collars
that do not exceed two pounds or with sharpened studs; adequate
enclosures; and revocation of existing ordinance.
Police Chief Sletner recommended approval of the proposed
ordinance amendment to provide officers with better guidelines
in enforcing the code.
Mayor Klausing called for public comment at this time.
Mary Beth Hess, 1907 Shady Beach Avenue
Ms. Hess reviewed her e-mail that had previously been provided
to the City Council related to a vicious animal incident she had
experienced. Ms. Hess expressed concern that the animal in
question was still allowed to be kept at the home in her area; and
questioned what recourse she had to prevent another attack.
Carol Kough, 2931 Asbury Street
Ms. Kough referenced several state statutes (9347.52 and
347.50) related to dangerous dog restraint requirements and
proper enclosures. Ms. Kough spoke of the need to designate
and further define police and/or service dogs; and who would
make a determination regarding them and their nature.
Council consensus was that proposed ordinance language
includes appointment of an independent hearing officer prior to
presentation of the proposed ordinance as a future City Council
action item.
8.
Disposing of Retired City Vehicles and Equipment
At the former request of Councilmember Kough, and direction
by the City Council, Finance Director Chris Miller provided an
update on a previous Council inquiry regarding the manner in
which the City disposes of surplus or retired vehicles and
equipment; and provided an overview of the City's current
practices.
The City Attorney's office had also provided a written opinion
dated March 16, 2005 and referenced as "Sale of Surplus
Property," File No. 4002(1 )-000 1.
Disposing of
Retired City
Vehicles and
Equipment
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Minutes - Page 17
Councilmember Kough expressed his concern regarding trading
of police squads and other equipment by staff without knowledge
or direction from staff. Councilmember Kough specified several
recent disposals of flag poles, Council chairs, and a fire engine.
Councilmember Kough noted his concern regarding the
Council's control of financing and property.
Mayor Klausing clarified that this agenda item was for the
purpose of discussing disposal of city vehicles and equipment;
not land. Mayor Klausing suggested that, if Councilmember
Kough wished to have a dis~ussion related to sale of City-owned
land, further discussion at a future Council meeting be
scheduled, as they were two separate issues. Mayor Klausing
requested Councilmember Kough to clarify how he wished to
change the current policy.
Councilmember Kough expressed concern that the City Council
did not provide consensus to staff for disposal of items; and that
they were not auctioned.
Discussion ensued regarding types of equipment; disposal
methodology; threshold for Council involvement; cost for
clearing hard drives on computer equipment;
Councilmember Schroeder questioned at what level staff needed
authorization to sell something.
City Attorney Hedtke responded that he generally viewed
purchases and sale under the contracting/bid laws under
Statutory B cities, with the City Manager authorized for up to
$5,000. Mr. Hedtke noted that under contracting laws, if under
$10,000, items can be sold in the open market, with proper
public notice, and not only to a select audience.
After further discussion, there appeared to be no clear Council
consensus regarding the limitations the Council wished to
impose on staff, or changes to the policy and procedure currently
followed by staff and opined his preference for further discussion
at a future Study Session agenda.
City Council Study Session - 03/21/05
Minutes - Page 18
Mayor Klausing directed staff, and City Attorney Hedtke to
report back to the City Council on requirements for staff
authorization related to land sales.
Mr. Miller questioned if the City Council was directing staff to
seek prior City Council authorization for pending sale of
equipment and vehicles. Mayor Klausing responded negatively.
9.
Briefing about a Proposed Ordinance relating to the Term of
the Chair of the Planning Commission
City Manager Beets proposed a revised ordinance relating to the
term of the Planning Commission chair, with the appointment at
the last meeting in March (with terms expiring on March 31),
rather than appointment at the first meeting of the year.
Mayor Klausing noted that this would also incorporate
Councilmember Schroeder's concerns that Councilmembers
have more time to get informed and to know Commissioners
through attendance at Commission meetings.
Councilmember Schroeder expressed his preference to change
appointment for all Commissioners to a date later than the first
meeting of each year.
Discussion ensued regarding whether the Councilor the Planning
Commission should appoint the Chair; with Mayor Klausing
recommending further discussion on a future agenda.
10.
Discuss Draft City Council Rules of Procedure (Draft based
on Council Direction from 2/19/05 Council meeting)
Due to the lateness of the hour, it was Council consensus to
delay discussion of this agenda item until the next City Council
Study Session, as the first agenda item to allow sufficient
discussion time.
Mayor Klausing requested that Councilmembers prepare their
comments in writing prior to the meeting for Council review of
individual concerns. Councilmembers concurred.
Briefing
Ordinance
Term of
Planning
Commission
Chair
Discuss Draft
City Council Rules
of Procedure
City Council Study Session - 03/21/05
Minutes - Page 19
11.
Discuss and Direct Staff Regarding the Format for the City
Council's Community Town Hall Meetings
City Manager Beets noted that two Town Hall meetings had been
scheduled on regular City Council meeting nights: April 11 and
April 25, 2005 at the National Guard Armory Gym and Central
Park School respectively.
City Manager Beets proposed a major change in how the notice
was provided; recommending that rather than individual post
card notices to each Roseville household and the cost involved in
holding the meetings, that one 8-1/2" x 11" insert/notice be
placed in the City's official newspaper, the Roseville Review.
Mr. Beets noted the distribution consistency concerns expressed
by the public related to this method. Mr. Beets advised that the
cost for this one-time insert would be approximately $1,000 to
reach an estimated 15,000 homes, with a projected savings of
$4,000 from individual post card notice.
City Manager Beets requested Council direction on the proposed
format of the meeting. Mr. Beets outlined a similar format to last
year; with )!z of the allotted time upfront for conversation and
information; followed by a formal business meeting for time-
sensitive business; followed by formal public comment,
adjournment and additional one-on-one City Council and staff
interaction with the public. Mr. Beets noted that City
Departments were preparing informational displays and
promotional materials highlighting their various departments.
Mayor Klausing concurred with staff s format for the meetings;
requesting that at least at the School location, they be asked to
post notice of the meeting for further information with day-to-
day traffic at the school.
Councilmember Ihlan noted that numerous apartment buildings
didn't receive the Review, and questioned if staff could provide
alternative notice.
City Manager Beets questioned how to accomplish such a notice,
short of individual and costly post card notice.
Discussion ensued regarding public notice for recently-held
Format
Community Town
Hall Meetings
City Council Study Session - 03/21/05
Minutes - Page 20
Housing and Redevelopment Authority (HRA) meetings and use
of block captains; and the need to act on, and content of formal
Council business at the Town Hall meetings.
Councilmember Schroeder suggested a different format in an
effort to receive additional resident input; and proposed that no
City business be conducted; that the Councilmembers disperse
within the audience, and a lectern be provided for public
comment, with a less formal setting (i.e., Councilmembers not
located up front at a table.
Mayor Klausing thanked Councilmembers for their good input,
and staff confirmed that the meetings would be video-taped.
Mayor Klausing directed staff to have a lectern available to
ensure public comment was captured by video-tape.
12.
Council Determines Interview Schedule for Remaining
Citizen Advisory Commission Applicants
Mayor Klausing suggested, in light of the rankings presented,
that for each vacant Commission position, at least two people be
interviewed, which would allow a broad spectrum of applicants.
Councilmember Schroeder spoke in opposition to Mayor
Klausing's proposal, given the recently-adopted ordinance
related to applicant interviews, while recognizing the length of
time required to interview all applicants. Councilmember
Schroeder expressed his concerns with changing Council policy
mid-stream and the perception by the public and applicants that
the system was not consistent.
Mayor Klausing recognized Councilmember Schroeder's
concerns, opining that the resolution represented a statement of
policy, but was not an ordinance carrying the weight of the law;
and further opined that the resolution could be modified by the
City Council if and when appropriate.
Councilmember Ihlan expressed concern regarding the resulting
ranking of candidates; and opined that she would support
interviewing all applicants, even while noting the time involved.
Mayor Klausing noted that he would abide by Council
Interview Schedule
Remaining Citizen
Advisory
Commission
Applicants
City Council Study Session - 03/21/05
Minutes - Page 21
consensus. Council consensus was that all applicants be
interviewed (4/1 - Klausing).
John Kysylyczyn, 3083 N Victoria Street
Mr. Kysylyczyn questioned the appointment process related to
the interviews, referencing the resolution; the invitation and
attendance of Vice Chairs and Chairs of various commissions
and his observation that only one had been in attendance.
Discussion ensued regarding interview and appointment
scheduling; and time allotted to interviews.
City Attorney Hedtke opined his reading of the resolution would
be that the City Council meeting following interviews, could
indeed by that meeting held the same night (i.e., business
meeting beginning at 8:00 p.m. following applicant interviews).
Councilmember Schroeder advised he could not arrive prior to
5 :00 p.m. on a weeknight; and that Saturday attendance at a
meeting proved problematic for him.
Mayor Klausing recognized Councilmember Schroeder's
scheduling concerns, and requested that he review the video tape
of the interviews for those he was unable to attend in person.
Staff was directed to schedule the next Council meeting to start
at 4:00 p.m. for the purpose of interviewing the remaining
candidates; with the regular business meeting moved to 8:00
p.m.
13.
Update and Discussion on Pending Twin Lakes Litigation,
and Payment of Attorney's Fees
Councilmember Ihlan noted that, at the last regular City Council
meeting during Check Register Approval, she had questioned
whether attorney fees related to Twin Lakes negotiations would
be charged against future Tax Increment Financing (TIF) funds.
Councilmember Ihlan questioned when the City Council had
discussed such a decision, or when that policy was adopted.
Councilmember Ihlan reiterated her previously-expressed
concerns related to policy and legality issues and their
appropriateness. Councilmember Ihlan requested a legal opinion
Update and
Discussion
Pending Twin
Lakes Litigation,
Payment of
Attorney's Fees
City Council Study Session - 03/21/05
Minutes - Page 22
from the City Attorney or an independent legal source, given the
City Attorney's involvement in one of the charges in question by
her.
Councilmember Ihlan further questioned the policy decision
regarding Twin Lakes litigation and how to provide a public
update on the terms of the retainer for legal services, and how
and when those terms could be made available (i.e., hourly rates,
City responsibility above and beyond insurance coverage, and
process for approving an paying those legal fees).
Councilmember Ihlan noted she would be amenable to having
discussion of this item on the next City Council agenda.
Councilmember Ihlan concluded her concerns related to these
issues by opining that the city would feel obligated to proceed
with the project, given the need to recover legal and/or
consulting fees. Councilmember Ihlan requested staff
preparation of background information, and other alternatives,
prior to the next Council discussion.
Finance Director Miller clarified that expenses were not being
charged against future TIF, but to established City reserves for
these types of expenditures. Mr. Miller noted, however, that the
expenses were tracked as eligible expenses should a TIF District
be established, but if not they remained taken from reserves.
Staff was directed staff to address Councilmember Ihlan's
concerns as part of a staff memo for a potential agenda item in
the near future.
14.
Update and Discussion on Park Dedication for the Target
Redevelopment
Councilmember Ihlan requested an update on negotiations
related to park dedication for the Target redevelopment project.
City Manager Beets advised that he and Parks and Recreation
Director Brokke had recently met with Target representatives;
and those officials have taken the City's position under
advisement. Mr. Beets anticipated a response from Target within
two weeks.
Update and
Discussion
Park Dedication
Target
Redevelopment
City Council Study Session - 03/21/05
Minutes - Page 23
15. Adjourn
The meeting was adjourned at 10:06 p.m.
~~
ATTEST: '
'--1/7. /J f: J/'< M ~ 4----
/~~r' ~o
Neal J. Beets,cl 'ty Manager
Adjourn
Driscoll. Margaret
n 1-#
VL-a -uu:€-CL ~--tfn .. -5
Page 1 of 1
From: Mary Beth Hess [sistermb@comcast.net]
Sent: Monday, March 21, 2005 10: 13 AM
To: carol.sletner@cLroseville.mn.us; city.council@cLroseville.mn.us
Subject: Vicious Animal Issue
I am pleased to see that Roseville is addressing the issue of how to deal with animal attacks and vicious animals
in our City.
I was attacked by a German shepherd on Memorial Day of 2004. I was walking on the walking-path around
McCarron's Lake during the day. This dog came out of its yard and lunged at me several times. It only retreated
after I had walked a few houses away from the dog's home. It returned to its yard. I was very fortunate. My rain
coat was punctured in several places and torn in the back. He only bit me once. But he was definitely vicious
and off leash. I ended up in the hospital emergency room, but I don't believe I sustained any permanent injuries.
Imagine my dismay after I called the Roseville Police. The homeowners were allowed to keep the dog in their
home, in my neighborhood. They merely needed to "quarantine" it for ten days, because noone had ever filed a
police report about this dog. I later learned that the dog had threatened several "runners" or "walkers" trying to
get by this house. The son of the owner also told me that the dog bit a runner before, but because she had not
reported it to the police, it was like it never happened. They have a fenced in yard......the dog got out.
The dog owner was issued two citations: One was for having a "Vicious Animal" and one for having a "Dog Off
Leash." She recently plead guilty to both of these counts. She got a $160 fine and has to pay my medical
bills. She also legally gets to keep the dog. My concern is not nedessarily about recouping my medical bills. I
want vicious animals to be dealt with more seriously in Roseville. An animal like this shouldn't be allowed to stay
in our City. It shouldn't be allowed to stay in ANY city. What if this animal had attacked a child in a stroller? They
may not have been so fortunate as I was.
I hope you will consider this case when you reevaluate the situation in Roseville regarding animals. I would love
to present this to the council, and will at the meeting tonight, March 21, if I am able to get off work by the time it is
presented. Otherwise, please consider these facts as I have stated.
Respectfully submitted,
Mary Beth Hess
651-488-8490
3/21/2005
--i-J-. d /J,,,.< he! oJI- h~
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The State of Minnesota auctions off
pallets of computers and other office
hardware at the Department of
Administration building on County
Road I and 35W in Arden Hills.
The City of Roseville already
auctions off stuff there, so why not
this stuff?
If the State of Oregon can auction off
computers, why not Roseville?
. I -.,
',,) .
!_t ','
:;
: .
When did Roseville staff get approval
from the council to give away city
property, like the City Attorney says
is necessary?
.. .
- , . - . .
Has Roseville staff been violating the
law?
)regon Surplus Property
Page 1 of2
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Surplus, Seized and Recovered Personal Propenyfrom the Internet's pioneer in G2C (Government to Consumer)
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the Oregon State Agency for Surplus Property
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Property is currently responsible for the public disposal of much of the surplus, seized and\or recovered
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Since Oregon Surplus Property does not have the resources to tear down, identify and report the
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)regon Surplus Property
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~Bay item 7501328262 (Ends Mar-23-05 14:26:31 PST) - Mixed Pallet Assorted Computer/Office Hard...
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Mixed Pallet Assorted Computer/Office Hardware Item number: 7501328262
You are signed in Emgil to a friend I Watch this item in My eBay
Current bid:
US $37.50
Place Bid>
Seller information
oregontrail2000 (5260 t:J )
'j ~~~e~r ~
Time left: 2 days 2 hours
';i\' L:<linO. En:'J{.: f\'.:1~H-.
'"1 '.-'1:',1 r<::-!
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Item location: Salem, Oregon
United SL:llcs
Feedback Score: 5260
Positive Feedback: 97.8%
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Start time: Mar-16-05 14:26:31 PST
History: 4bids nJC; '(, (j(1 c'.!e;";": '.h'
High bidder: firemen99 (19 t:J )
Ships to: United States
Shipping costs: Check item description and
payment instructions or contact
seller for details
..!J.. Shipping, payment details and return policy
Safe Buying Tips
Description! ; ;
Or'~gon Surplus Property
Visit my eBay Store:<D Oregon Surplus Property
Car Audio I Bicycles I Airport Confiscations
HQm~l;lf:1ctronics I Computers
Search myel
I
Search I
Oregontrai12000
Surplus, Seized and Recovered Property Sales
Invitation To Bid
Description:
Itt......../lrorr; .o.h"''''T ~F"''t''Y1o/nT.../o.Dn...rTC.' ^ DT ~110";..ntTf........,.... i)...."............r................_L'711 1 O_~L,...___""7Cl\l ,),,",0"''-''
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~Bay item 7501328262 (Ends Mar-23-05 14:26:31 PST) - Mixed Pallet Assorted Computer/Office Hard... Page 2 of 4
l - Mixed Pallet Assorted Computl;r/Office Hardware.
~
Condition of All Items is Unknown
Location: AC-ll
Shipping Prep Charge: $20
Handling Charge: $5
. Items picked-up in person do not incur shipping and\or handling charges
Property Tag: 308249
Shipping Weight: 406 Ibs.
Additional Photos:
1
2
3
4
5
Caveat Emptor:
The description provided in this invitation is based solely upon general observations.
Items in this lot may need repair or be incomplete. Bidders are invited, encouraged a
cautioned to carefully inspect property offered in the Invitation prior to submitting bit
Failure to inspect property shall not constitute grounds for a claim or for the withdrav
of a bid after the auction's close.
Terms and Conditions.
All property listed in the Invitation is offered for sale "AS-IS", The State of Oregon
makes no warranty, expressed or implied, as to kind, character or quality of any of th.
property, or its fit~ess for any use or purpose. All sales are subject to the yeneral Sal
. .' i
Inspection\Payment\Pick-up locndon;& hour~~ ::
, .
The 'State of Oregon's Property Distribution Cenfer is open to the general public for inspection, payn1ent~md\or
up of personal property from l-Apm PDT [weekdays - excluding holidays] at the following location:
1655 Salem Industrial Drive NE
Salem, Oregon 97303-4238
Oregon Surplus Property accepts Visa, MasterCard, Cashier's Checks, Money Orders, Wire Transfers and Cash
All fom1s of payment can be accepted at the main Property Distribution Center in Salem, Oregon. Visa and
MasterCard can be accepted via telephone & FAX; Cashier's Checks and Money Orders can be accepted via pa
post. Oregon Surplus Property assumes absolutely no responsibility or liability for the untimely delivery of
payments by any public or private carrier (including the U.S. Postal Service).
. -
Full pay~e~t is due on, or before, the lOth calendar day from the"last day of the auction.
l)reg(;ri pr{)CC;S:3(}S. cr(~'r!it ;.:;"-trd:.:-, if" rurnz3Jly? an(j c;]nnot aCC(~f_)t. p.. ;.( cl(\l',; frc,;(n f3iI1P~)i;lt. F;;"iYf.1af
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Check-Out Instructions
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~Bay item 7501328262 (Ends Mar-23-05 14:26:31 PST) - Mixed Pallet Assorted Computer/Office Hard... Page 3 of 4
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Bulk Lot of Mixed
Computer Hardware for
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Bulk Lot of Mixed
Computer Hardware for
Parts
Pallet Lot of Compute
Hardware - Working
Condition
US'$204.00.
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US $137",50'
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US $132.50 '
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Note: past precedence does exist concerning the
issue of what is considered to be the proper filling
out a citizen advisory commission application
form.
During the 2000-2001 council term, Mr. Maschka
along with the entire city council accepted what
was almost a blank application that did not even
have an address or telephone number on it. She
was granted an interview for the Police Civil
Service commission. She distributed her
information during the interview and collected
every copy be'fore she left the interview.
~
No council member, including Mr. Maschka, made
any claims that the application was not filled out,
was insufficient, or that an interview was
improper. This person was given due
. -
consideration for appoint~ent.
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:#/)
EXTRACT OF MINUTES OF MEETING
OF THE
CITY COUNCIL OF THE CITY OF ROSEVILLE
* * * * * * * * * * * * * * * * *
Pursuant to due call and notice thereof, a regular meeting of the City
Council of the City of Roseville, County of Ramsey, Minnesota was duly
held on the 6th day of December, 2004, at 6:00 p.m.
The following members were present: Ihlan, Kough, Schroeder, Maschka
and Klausing
and the following were absent: none.
Member Kough introduced the following resolution and moved its
adoption:
RESOLUTION No. 10266
Amending Resolution 9372 To Change The
Reappointment Process and Term Limits for
Roseville Citizen Advisory Commissions.
WHEREAS, the City of Roseville has five citizen advisory commissions -
the~ Civil Service Commission; the Human Rights
. Commission, the Parks, and Recreatiop Commission, the
p;la.B.ning Commission, artd the, ~blic Works!' !Environment:
anq Tn:Ulsportat~~:m Commission;: and
:; . .
;" .
WHEREAS, Resolution 9372, dated January 30, 1997, outlines the
process by which the City Council will interview applicants
for Commission vacancies and how the Council will handle
the reappointment process; and
WHEREAS, the City Council has been considering changes to the
process by which the Council reappoints sitting commission
members once their term expires;
WHEREAS,. the Council invited.. comment from the public ,and from
. . .
current. commissioners about the' organization bf' citizen
advisory commissions and the reappointment process;
NOW, THEREFORE, BE IT RESOLVED, that the Roseville City Council
hereby amends Resolution 9372 to read as follows:
#/)
Resolution 10266
Amending Resolution 9372
BACKGROUND:
The City of Roseville has five standing Advisory Commissions: Public
Works, Environment and Transportation; Human Rights; Parks and
Recreation; Planning; and Police Civil Service. The City also establishes
other advisory groups as needed.
Numerous Roseville residents have volunteered their time and skills
serving as Commission members. The efforts and commitment of these
volunteers have been an important ingredient in Roseville's quality of life.
POLICY STATEMENT:
It is the intent of this policy to establish a fair and open notification and
selection process which encourages all Roseville residents to apply for
appointment.
PROCEDURE STATEMENT:
I.
If a vacancy occurs because o(resignation, death, moving from the City,
removal from office, ineligibility for reappointment; etc., on any standing
AdvisQry Commission.? the following procedure will he used~
~ t : : : : . " r ,
" r . :: . ~. ~ ; : :
A. :When a Commission vacan6y oc:curs the :~ity Council, at a regular
meeting; will establish a deadline for receiving applications and'the date
of the Council Meeting to interview the applicants. The time between the
application deadline and interviews shall be no more than thirty (30)
days.
B. Commission vacancies will be advertised in the Roseville Review and
Roseville Focus at least two (2) times before the application deadline.
Vacancies will also be advertised on Cable Television and posted on the
City Hall Bulletin Board.
C, Applications received after the deadline will notbe accepted.
D. Names of applicants and applications will be provided to the City
Council and the public after the application deadline.
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#/:)
E. If fewer applications are received than twice the number of openings,
the City Council may establish a new application deadline and Council
Meeting for interviews. If a new deadline is adopted, the vacancy will be
re-advertised as described in "B" above.
F. Applicants will be interviewed by the City Council. The Chair and Vice
Chair of the Commission to which the applicant is seeking appointment
will be invited to attend and participate in the interview process. A
minimum of five members of the Interview Team must participate in the
interview process. Interviews are open to the public.
G. If a new vacancy occurs after an application deadline and before an
appointment is made, a new application process will be used as
described in this procedure.
H. The City Council will make the appointments at the first Council
meeting following interviews.
-
I. Advisory Commission applications shall be kept on file for one year. If
during that year a vacancy occurs on any Commission, all applicants will
be advised of the vacancy in writing.
II.
If a current Commission member's term is expiring and is eligible for
reappointment, the following procedure will qe used.
~
A. No later them sixty (60) days prior: to the expiration of a term, each .
., (. corrirni;~sion memb~r whose term is expiring ;~shall' b~; yontacted in: writing
and directe~ to complete a written application for. reappoil),tment if they
desire to be reappointed. For persons seeking reappointment, the"
Council shall be advised of the attendance record of the individual whose
term is expiring. The Council will also be provided with written
comments from the Chairperson of the Commission regarding the
reappointment of the individual. At that time, the Council will consider
whether to interview the commissioner; if two councilmembers request, a
commissioner seeking reappointment will be scheduled to attend an
interview before the entire Council.
B. Should the Council determine that the individual merits
reappointment, .that person will be reappointed.
C. Should the incumbent not wish to be reappointed or should the
Council determine that the individual does not merit reappointment, the
Council will follow the procedure for filling vacancies as described in I.
above.
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APPOINTMENTS TO OTHER CITY ADVISORY GROUPS
The Council may use the procedure outlined in Sections I. and II. above
for making appointments to other advisory groups, committees, task
forces, etc.
TERM LIMITS
Members of all Advis.ory Commissions may serve a maximum of two full
consecutive three-year term. The Council may reappoint a person for a
period not exceeding one additional year if the Council, by four-fifths
vote, determines
that reappointment is in the best interest of such Commission and the
City.
The motion for the adoption of the foregoing resolution was duly
seconded by Member Maschka, and upon a vote being taken thereon, the
following voted in favor thereof: Ihlan, Kough, Schroeder, Maschka and
Klausing.
and the following voted against the same: none.
WHEREUPON~ said resolution was declared duly passed and ~adopted.
", /'..
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#/~
STATE OF MINNESOTA)
) SS
COUNTY OF RAMSEY )
I, the undersigned, being the duly qualified City Manager of the City of
Roseville, County of Ramsey, State of Minnesota, do hereby certify that I
have carefully compared the attached and foregoing extract of minutes of
a regular meeting of said City Council held on the 6th day of December,
2004 with the original thereof on file in my office.
WITNESS MY HAND officially as such Manager this 6th day of December
2004.
Neal J. Beets, City Manager
SEAL
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